Agenda item

Demolition of the existing building and construction of a new food store, petrol filling station, commercial unit, together with associated car parking, servicing and landscaping.

It was RESOLVED: That, subject to the applicant first entering into a Section 106 agreement, the application 22/00245/FPM be GRANTED planning permission subject to no intervention from the Secretary of State the conditions and reasons set out in the report.

 

The Committee considered a report in respect of application 22/00245/FPM seeking the demolition of the existing building and the construction of a new food store, petrol filling station, commercial unit, together with associated car parking, servicing, and landscaping.

 

The Principal Planning Officer gave a presentation which included the photos of the site plan, the surrounding area and CGI imaging of the proposed development. The application was located within the Pin Green industrial estate which was the second largest employment area in Stevenage. It was a low-density area with small/medium sized industrial buildings and some offices. The land was square and surrounded by industrial units and a residential area to the south.

 

The current plot contains a 2-storey office building and a warehouse which were deteriorated, outdated, and were insufficient and unsuitable to the previous business who had relocated elsewhere leaving the site vacant. The application proposes the demolition of the existing buildings and the construction of:

 

·         A Morrisons food store with an in-store café, Home Delivery and Click and Collect.

·         A small Garden Centre,

·         A six-pump petrol filling station and kiosk,

·         A Commercial Unit,

·         A car park with 243 spaces, including 14 disabled, 14 parent and child, and 4 electric charging spaces

·         Vehicular access to the car park via Wedgewood Way

·         A dedicated service road within the application side allowing access to the delivery yard

 

The food store was cladded in light grey to reduce the mass impact and dark grey cladding to show a clear entrance. This was consistent with other retail buildings. The petrol station would be in the Morrisons dark green.

 

The application included offsite highway improvements in line with a Section 278 agreement with Hertfordshire County Council (HCC) Highway Authority, which comprised of:

 

·         A 3m shared footway/cycleway leading from the vehicular access down to Martins Way to meet the existing cycle path

·         A tactile crossing point to site access junctions, which would link with the existing pedestrian link to the residential area at Wedgewood Road/Cartwright Road

·         Improvements to the existing bus stop on Cartwright road which incorporated raised accessibility kerbs and a shelter

 

The Chair invited Ed Kemsley of Peacock and Smith, a supporter, to address the Committee.

 

Mr Kemsley stated he had correspondence with Hertfordshire County Council (HCC) and Stevenage Borough Council (SBC) to ensure this application was acceptable. It was in his opinion that the application would not harm the economic prosperity of Stevenage as it had clear and significant economic benefits. This included the provision of 190 jobs and an estimated increase in local spend of £475,000 per year, as well as 240 construction jobs. He informed Members this new store supported an area of Stevenage that only had a small convenience store, creating more sustainable shopping patterns and was supported by local residents. He highlighted the concerns raised by Tesco which had been considered by retail consultants, two senior barristers and SBC Officers. He also highlighted Cycling UK who had objections prior to discussions with HCC Highways Authority and the provision of a cycle path which aligned with HCC standards and was a significant improvement for cycle infrastructure.

 

The Chair thanked Mr Kemsley for his contribution to the meeting.

 

The Chair then invited Jill Borcherds on behalf of Cycling UK Stevenage, an objector, to address the Committee.

 

Ms Borcherds stated Cycling UK Stevenage had made submissions to the applicant but only some had been addressed. They had 3 objections to this application as it does not meet Policy SP6 of the Local Plan. The shared cycle link that was proposed was not in line with the Local Plan and there was not a safe route into the car park. The cycle parking lockers provided were out of site at the side of the building and it was unsafe and unwelcoming to use and this should be moved closer to the store. There was also no segregated cycleway between Gresley Way and Martins Way and cyclists would have to share the main road carriageway. The shared use cycleway should extend to cover the entire cycle network.

 

The Chair thanked Ms Borcherds for her contribution to the meeting.

 

The Principal Planning Officer responded to points raised by the speaker as follows:

 

·         This development was liable for Community Infrastructure Levy (CIL) payments. HCC Highways Authority had indicated there would be projects that could be contributed by CIL money to improve the cycle networks around the site included in the North Central Growth and Transport Plan. The money generated from CIL would contribute to direct offsite improvements to improve the immediate connections of both cycle connections to developments in the North and West of Stevenage, as well as improving the bus routes.

·         The application had received a lot of public support

·         There had been objections from the Tesco in the Town Centre

·         There had been legal advice to assess development matters against the Local Plan and the NPPF

·         The application would be sent to the Secretary of State, which was a standard process when there was a departure from the development plan

·         The evidence submitted supported the fact that the economic benefits outweighed the industrial uses, and this was a material consideration in favour of the application.

·         The application was acceptable on all other development matters.

 

A Member highlighted the SB7 bus which was the only bus service to operate in this area and worked on a one-way system. She queried whether there had been discussion with HCC about passenger transport to accommodate residents. The Committee were advised that the Bus Users Group had informed Officers that the route only goes one way and there was only one bus that serviced that stop. The HCC Highway Authority and Passenger Transport Authority had linked this with how CIL money could be spent. The Highways Authority suggested a public transport infrastructure condition including the bus services and bus stop and there could be discussions on this with CIL to improve the current conditions.

 

A few Members raised concerns regarding Wedgewood Way. In response, the Officers advised that the proposed access arrangement was subjected to a Stage 1 Road Safety Audit required under the Section 278 agreement of the Highways Act. There were no plans to widen the road and the 3m footway involves the removal of the verge, not narrowing the road. HCC Highway Authority had considered traffic lights, but they were deemed not necessary for this junction. A trip generation exercise had been completed by HCC and they concluded it was satisfactory.  There were conditions suggested by HCC to be imposed regarding the cycle spaces, location, crossing, shared footway/cycleway and the bus stop. Wider developments identified by the Council could be potentially funded by CIL, such as the SB7 bus service. The Assistant Director (Planning & Regulatory) also advised that there was a condition to look at cycle parking more. The car access points and buses, other than necessary improvements, were deemed acceptable to HCC.

 

A Member asked whether the trees shown in the original plans were retained. The Principal Planning Officer advised the mature trees on the site boundary would be retained and there would be soft landscaping around the edge. There would be 6 trees planted in the car park to support urban sustainable drainage and aid surface runoff.

 

Another Member asked where the disabled parking was located and whether the amount was within current guidelines. The Principal Planning Officer advised the policy requirement was that 6% of parking spaces should be accessible, therefore the 15 located at the front of the store entrance meant the application was policy compliant in terms of accessible parking spaces.

 

A Member asked a range of questions and in response the Principal Planning Officer advised that:

·         The commercial unit was a small shop that was up to Morrisons to let out to other businesses.

·         There was a suggested planning condition asking the number of bike spaces which HCC Highway Authority had asked for more details on. The cycle lockers at the back of the commercial unit were for staff. There were hoop style bike spaces located around the site and the number was policy compliant, but this could be improved.

·         Morrisons only install rapid EV chargers as they would only be used for short periods of time. They had initially proposed 4, with 10% of parking spaces that could be converted in the future. The demand will be monitored over time in line with the Travel Plan in the Section 106 Agreement.

·         Morrisons only allow residents to park for free in the car park when the store was part of a mixed-use area or the land had existing rights. Since neither was the case, the parking was for customers only.

 

Another Member asked whether there was provision for solar panels or a green roof. It was advised that there were solar panels on the roof and a potential air source heat pump. Morrisons had a target to become carbon neutral by 2040.

 

It was RESOLVED: That, subject to the applicant first entering into a Section 106 agreement, the application 22/00245/FPM be GRANTED planning permission subject to no intervention from the Secretary of State and the following conditions and reasons set out in the report:

 

1.    The development hereby permitted shall be carried out in accordance with the following approved plans: PL_01B; PL_02B; PL_03E; PL_04D; PL_05D; PL_06E; PL_07C; PL_08C; PL_09D; PL_10D; PL_11C; PL_12A; T656_03C; T656_02A; 2124-21-03 REV P8; 20-3631_E63-EX01; 2124-21-02; T656_06; 9602-WML-00-XX-CA-C-0001 P02; 9602-WML-ZZ-XX-DR-C-0801 P02; 9602-WML-ZZ-XX-DR-C-0802 P02; 9602-WML-ZZ-XX-DR-C-0805 P05; 9602-WML-ZZ-XX-DR-C-0825 P03; 9602-WML-ZZ-XX-RP-C-9001 P02; 9602-WML-ZZ-XX-RPC-9002 P03; 9602-WML-ZZ-XX-DR-C-0805 P06; 9602-WML-ZZ-XX-DR-C-0825 P04; 9602-WML-ZZ-XX-RP-C-9002 P04

 

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

 

3.    No site clearance or construction work relating to this permission shall be carried out except between the hours of 0730 and 1800 on Mondays to Fridays and between the hours of 0800 and 1300 on Saturdays, unless otherwise agreed in writing by the Local Planning Authority. These times apply to work which is audible at the site boundary.

 

Prior to Commencement

 

4.     Prior to the commencement of the use hereby permitted, visibility splay(s) shall be provided in full accordance with the details indicated on the approved plan number T656_02A. The splay shall thereafter be maintained at all times free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

 

5.     Prior to the commencement of the development hereby permitted (excluding demolition), a scheme for pedestrian access from the proposed supermarket to all car parking spaces shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. Prior to first use of the development, the scheme shall be completed in accordance with the approved details.

 

6.    No demolition or development shall commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan. The Construction Management Plan / Statement shall include details of:

a.    Construction vehicle numbers, type, routing;

b.    Access arrangements to the site;

c.    Traffic management requirements

d.    Construction and storage compounds (including areas designated for car parking, loading / unloading and turning areas);

e.    Siting and details of wheel washing facilities;

f.     Cleaning of site entrances, site tracks and the adjacent public highway;

g.    Timing of construction activities (including delivery times and removal of waste) and to avoid school pick up/drop off times;

h.    Provision of sufficient on-site parking prior to commencement of construction activities;

i.      Post construction restoration/reinstatement of the working areas and temporary access to the public highway;

j.      where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, pedestrian routes and remaining road width for vehicle movements.

 

7.    Prior to the commencement of the development hereby permitted (excluding demolition), details of the public transport infrastructure shall be submitted to and approved in writing by the Local Planning Authority. This infrastructure shall comprise of but is not limited to the following:

              i.        Details of bus stop facilities to include raised height kerbs and shelter and real-time information (within the site), where agreed;

            ii.        A programme for the delivery of the public transport infrastructure.

Prior to first use of the development the public transport infrastructure shall be

implemented.

 

8.    Prior to the commencement of the development hereby permitted (excluding demolition), a final design of the drainage scheme for the site shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is occupied. The scheme shall include the following:

·         updated surface water drainage calculations and modelling for all rainfall events up to and including the 1 in 100 year + 40% climate change event;

·         the water quality treatment provision should be quantitively demonstrated that it is suitable for the pollution hazard level by the Simple Index Approach, This will need to be demonstrated for the roof water and surrounding hardstanding drainage systems;

·         an updated full detailed surface water drainage plan showing the proposed discharge points, the location of the proposed SuDS features, any pipe runs and size;detailed engineering drawings of the proposed SuDS features including their, size, volume, depth and any inlet and outlet features including any connecting pipe runs. This should include the provision of Tree Pits integrated into the drainage strategy;

·         An updated surface water exceedance diagram that includes the Commercial Unit; and

·         evidence that the proposed CCTV drainage survey of the surrounding surface water sewerage network which it is proposed to discharge into has been undertaken, and that this has shown that the drainage proposals for this site can be accommodated.

 

9.    No demolition or development shall commence until a detailed Site Waste Management Plan (SWMP) has been submitted to and approved in writing by the Local Planning Authority. The SWMP shall detail how waste materials generated as a result of the proposed demolition and/or construction works will be disposed of, and the level and type of soil to be imported to the site as part of the development.

 

10.No development, including site clearance, shall commence until the trees shown to be retained on the site, as identified on the approved plans, or subsequently approved landscaping scheme, have been protected by fencing or other means of enclosure in accordance with BS:5837:2012. Such protection shall be maintained until the conclusion of all site and building operations.

Development above Slab Level

 

11.Notwithstanding the details shown in this application, the treatment of all boundaries including details of any walls, fences, gates or other means of enclosure shall be submitted to and approved in writing by the Local Planning Authority prior to above ground works. The approved boundary treatments shall be completed before the use hereby permitted is commenced or before the building(s) is occupied.

 

12. Notwithstanding the details indicated on the submitted drawings, no on-site works above slab level shall commence until a detailed scheme for the offsite highway improvement works as indicated on drawing number T656_03C have been submitted to and approved in writing by the Local Planning Authority.

 

13.No development shall take place above slab level until there has been submitted to and approved by the Local Planning Authority a scheme of soft and hard landscaping, details of the treatment of all hard surfaces and the treatment of all boundaries including details of any walls, fences, gates or other means of enclosure. The scheme shall include details of all existing trees and hedgerows on the land and details showing all trees to be removed, or retained, together with details of all new planting to take place including species, size and method of planting. The approved boundary treatments shall be completed before the use hereby permitted is commenced or before the building(s) is occupied.

Prior to first use

 

14.Prior to the first use of the development hereby permitted, the vehicular access(es) shall be provided and thereafter retained at the position shown on the approved plan drawing number T656_02A. Arrangement shall be made for surface water drainage to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway.

 

15. Prior to the first use of the development hereby permitted, vehicular and pedestrian (and cyclist) access to and egress from the adjoining highway shall be limited to the access(es) shown on drawing number T656_03C only. Any other access(es) or egress(es) shall be permanently closed, and the footway / highway verge shall be reinstated in accordance with a detailed scheme to be agreed with the Local Planning Authority, concurrently with the bringing into use of the new access.

 

16.Prior to the first use of the development hereby permitted the proposed access / onsite car and cycle parking / servicing / loading, unloading / turning shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use.

 

17.Prior to the first use of the development hereby permitted, the development shall include provision for 4 of the car parking spaces to be designated for plug-in Electric Vehicles (EV) and served by EV ready charging points and 10% of all spaces to be passive (i.e. ducting to be provided).

 

18.Prior to the first use of the development hereby permitted, a scheme for the parking of cycles including details of the design, level and siting of the proposed parking shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented before the development is first brought into use and thereafter retained for this purpose.

 

19.Prior to first use of the development hereby permitted, the external lighting to the site shall be installed, maintained and operated in accordance with the details on drawing numbers 20/3631_E63/EX01 Rev A. There shall be no other sources of external illumination.

 

20.Prior to the first use of the development hereby permitted, the offsite highway improvement works referred to in condition 12 shall be completed in accordance with the approved details.

 

21.No part of the development hereby permitted shall be brought into use prior to the implementation of the approved Travel Plan and dated March 2022 (or implementation of those parts identified in the approved Travel Plan as capable of being implemented prior to first use). Those parts of the approved Travel Plan that are identified therein as being capable of 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 operational.

 

22.Prior to the first use of the development hereby permitted, a management and maintenance plan for the approved SuDS features and drainage network must be submitted to and approved in writing by the Local Planning Authority. The scheme shall include:

·         provision of a complete set of as built drawings, including the final drainage layout for the site drainage network;

·         maintenance and operational activities;

·         arrangements for adoption; and,

·         any other measures necessary to secure the operation of the scheme throughout its lifetime.

The approved plan shall be fully implemented from the date of approval and thereafter for the lifetime of the development unless otherwise agreed in writing by the Local Planning Authority.

General Compliance

 

23.The development hereby permitted shall be carried out in accordance with the ecological mitigation and enhancement measures as detailed in the ‘Extended Phase 1 Habitat Survey And Bat Inspection Of Building – March 2021 (Minor Updates March 2022)’. This document shall be adhered to at all times during construction, including site clearance works, and during occupation of the development.

 

24.All planting, seeding and turfing comprised in the approved landscaping details as specified in condition 13 of this approval shall be carried out in the first planting and seeding seasons following the first use of the site or the completion of the development whichever is the sooner.

 

25.All hard surfacing comprised in the approved landscaping details as specified in condition 13 of this approval shall be carried out prior to the first use of the site or the completion of the development, whichever is the sooner.

 

26.Any trees or plants comprised within the approved plans or subsequently approved landscaping scheme, which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

 

27.No tree shown retained on the approved plans, or subsequently approved landscaping scheme, shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped within five years of the completion of development without the written approval of the Local Planning Authority.

 

28.Within the areas to be fenced off in accordance with condition 10, there shall be no stockpiling of any materials or soil, no machinery or other equipment parked or operated, no traffic over the root system, no changes to the soil level, no excavation of trenches, no site huts, no fires lit and no dumping of toxic chemicals will be permitted and no retained trees shall be used for winching purposes.

 

29.All areas of hedges, scrub or similar vegetation where birds may nest which are to be removed as part of the development, are to be cleared outside the bird-nesting season (March - August inclusive) or if clearance during the bird nesting season cannot be reasonably be avoided, a suitably qualifies ecologist will check the areas to be removed immediately prior to clearance and advise whether nesting birds are present. If active nests are recorded, no vegetation clearance or other works that may disturb active nests shall proceed until all young have fledged the nest.

 

30.In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 31 which is subject to the approval of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 31.

 

31.In the event that contamination is found at any time when carrying out the approved development that was not previously identified, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historic environment must be prepared and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

32.In the event that contamination is found at any time when carrying out the approved development that was not previously identified, as required under condition 30, the approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced and is subject to the approval in writing of the Local Planning Authority.

 

33.A limited archaeological watching brief shall be undertaken in those areas of the site that are currently not occupied by buildings in accordance with the recommendations of the Historic Environment Desk Based Assessment by SLR ref. 406.01490.00032.

 

34.The measures to address adaptation to climate change as set out within the Sustainability Statement by DDA shall be implemented and permanently maintained in accordance with the approved details.

 

35.The development to which this permission relates shall be carried out in accordance with the recommendations set out within the Phase 2 Ground Investigation by ARC Environmental as approved or any alternatives to be submitted to and approved by the Local Planning Authority.

 

36.The development to which this permission relates shall be carried out in accordance with the recommendations set out within the Noise Report by Acoustic Control Engineers and Consultants ref. B5484 2022-03-07 R as approved or any alternatives to be submitted to and approved by the Local Planning Authority.

 

37.Unless otherwise agreed in writing by the Local Planning Authority, the food store and commercial unit shall operate between the hours of 06.00 and midnight Monday to Saturday and 10.00 to 16.00 on Sunday and the petrol filling station 06.00 to midnight Monday to Sunday.

 

38.No internal alterations shall be carried out so as to provide additional floorspace, without the prior written agreement of the Local Planning Authority.

 

39.Notwithstanding the provisions of Article 3 of the Town and Country Planning Use Classes Order 1987 (as amended), and Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Orders revoking or re-enacting these Orders) this permission shall only permit the use of the premises as approved under this planning permission and for no other use or purpose, including any use or purpose within the same use Class.