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OFFICER REPORT
1.
SUMMARY
1.1 The
proposal concerns a Section 73 planning application to vary
condition 3 of planning permission 11/00248/FUL. This condition prevents deliveries to
the store between midnight and 5am. The proposed amendment would
allow deliveries from 3am until midnight.
1.2 The
proposed amendment is not considered to have an adverse impact on
residential amenity or highway safety. No other planning
considerations are considered to be affected by the proposed
amendment.
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RECOMMENDATION
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The Assistant
Director: Planning be recommended to approve the application
subject to the conditions set out in Section 11 of this report
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2.
REASON FOR REPORTING THE APPLICATION TO THE ADVISORY PLANNING
COMMITTEE
2.1 The
application has been reported to the Advisory Planning Committee
following the receipt of over 5 objections.
3.
PLANNING STATUS AND SITE DESCRIPTION
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PLANNING STATUS
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Within Settlement Boundary
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3.1
Tesco County Lane, Warfield lies within an established
neighbourhood centre with a supermarket, petrol filling station,
car wash and 3no. units containing a drycleaners, Parish Council
Offices and estate agents. It is surrounded on three sides by
residential units.
4.
RELEVANT PLANNING HISTORY
4.1 The
relevant planning history is summarised as follows:
00/01055/FUL
Enlargement of store by
erection of front, side and rear extensions (involving demolition
of 2no. existing shop units) to provide an additional 1932 sq. m.
gross external floorspace (yielding an additional 1429 sq. m. total
net sales area), erection of 2no. shop units to side of existing,
alterations to car park layout, cycle parking and associated works.
Relocation of recycling facility to northern site boundary.
Approved 2002
09/00173/FUL
Construction of a lobby
extension to act as a wind break to the main entrance of the store
and adjustments to associated street furniture
Approved 2009
10/00011/FUL
Installation of combined
heat and power unit to roof.
Approved 2010
10/00610/FUL
Erection of extension to
entrance lobby, installation of bi-fold doors and relocation of
trolly bays.
Approved 2010
10/00660/FUL
Section 73 application to
vary condition 13 (This condition restricts opening hours to 08.30
-20.00 Monday - Thursday, 08.30 - 21.00 Friday, 08.30 - 20.00
Saturday and 10.00 - 16.00 Sunday) of Planning Permission
00/01055/FUL to extend the opening hours to 07.00 to 22.00 Monday
to Saturday and 10.00 to 16.00 Sundays.
Refused 2010
11/00248/FUL
Section 73 application to
vary condition 13 (This condition restricts opening hours to 08.30
-20.00 Monday - Thursday, 08.30 - 21.00 Friday, 08.30 - 20.00
Saturday and 10.00 - 16.00 Sunday) of Planning Permission
00/01055/FUL to extend the opening hours to 07.00 to 22.00 Monday
to Saturday and 10.00 to 16.00 Sundays.
Approved 2011
5. THE
PROPOSAL
5.1 The
proposal is for a Section 73 application to vary condition 3 of
planning permission 11/00248/FUL to extend the delivery hours to
the store from between 5am and midnight, to between 3am and
midnight. No alterations are proposed to the opening hours of the
store or petrol station.
6.
REPRESENTATIONS RECEIVED
Warfield Parish
Council
6.1
Objection raised on the following grounds:
“The existing
condition should be retained as it is in place for the protection
and wellbeing of neighbouring properties.”
Other
Representations
6.2
Letters of objection have been received from the occupants of 14
properties, raising the following concerns:
1) The noise
impact of deliveries and associated activities such as lorries
arriving and departing through residential areas, engines idling,
activities from machinery and employees.
2) Highway
safety concerns from lorries blocking a lane of County Lane.
3) Pollution
concerns.
6.3 One
letter of representation has been received requesting clarification
of the proposal.
6.4 One
letter of support has been received.
7.
SUMMARY OF CONSULTATION RESPONSES
Highway
Authority
7.1 No
objection
Environmental Health
Officer
7.2 No
objection
8.
MAIN POLICIES AND OTHER DOCUMENTS RELEVANT TO THE
DECISION
8.1 The
key policies and associated guidance applying to the site are:
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Development Plan
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NPPF
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General policies
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CS1 & CS2 of CSDPD
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Consistent
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Residential Amenity
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Saved policies EN20 & EN25 of
BFBLP
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Consistent
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Highways
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CS23 of CSDPD, Saved policy M9 of BFBLP
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Consistent
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Supplementary
Planning Documents (SPDs)
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Parking Standards (2016)
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Other
publications
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National Planning Policy Framework
(NPPF)
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9.
PLANNING CONSIDERATIONS
9.1 The
key issues for consideration are:
(i)
Principle of the Development
(ii)
Impact on residential amenity
(iii)
Highway safety considerations
i.
Principle of Development
9.2 The
principle of the development was assessed and accepted under
application 11/00248/FUL. There have been no changes in national or local policy
since this approval which would mean that the principle of
development should be re-assessed.
ii.
Impact on residential amenity
9.3 The
main issue for consideration is the impact of the extended delivery
times on the amenities of the occupiers of the surrounding
properties. Concerns have been raised that extending deliveries
hours will result in unacceptable noise impacts to the detriment of
the living conditions of neighbouring residents.
9.4 An
Acoustic Report has been submitted with this application. This
report assessed both the background noise levels during the
night-time period, and also noise from existing deliveries to the
store. These measurements were taken within 10 metres of the
unloading bay (location A) and the land to the rear of the nearest
residential property, 6 Dorset Vale (location B):
9.5 The
WHO (World Health Organisation) has a peak night-time noise
criterion of 60 dB. The Acoustic Report demonstrates that the
levels of noise generated by deliveries would not exceed this limit
at the nearest residential property, as illustrated in the
following table (Table 7 of the Acoustic Report):
9.6 The
Environmental Health Officer (EHO) visited the site at 04:30 hours
and witnessed two deliveries. The EHO determined that the level of
noise generated by these deliveries would not cause a significant
harm to local residents.
iii.
Highway safety considerations
9.7 The
Highway Authority has reviewed the scheme and has advised that the
proposed change in delivery hours is unlikely to have an impact in
respect of road safety as at this time of the night traffic levels
are considerably lower.
10.
CONCLUSIONS
10.1
The amended scheme is not
considered to result in any unacceptable impact on the residential
amenity of the occupants of the neighbouring properties or highway
safety. The development is therefore considered to be in accordance
with the CSDPD, 'Saved' Policies of BFBLP the BFBC SPDs, all in
accordance with the NPPF.
11.
RECOMMENDATION
That the application be
APPROVED subject to the following conditions:
01. The opening hours of the large store shall
be limited to 07.00 - 22.00 Monday to Saturday and 10.00 - 16.00
Sunday and at no other times.
REASON: In the interests of the
amenity of residents.
[Relevant plans and policies:
BFBLP EN20, CSDPD CS7]
02. The opening hours of the petrol filling
station shall be limited to 07.30 to 21.00 Monday to Thursday,
07.30 -22.00 Friday, 07.30 - 21.00 Saturday and 08.00 - 21.00
Sunday and at no other times.
REASON: In the interests of the
amenity of residents.
[Relevant plans and policies:
BFBLP EN20, CSDPD CS7]
03. No deliveries shall be made to the store
between 24.00 hours and 03.00 hours on any day.
REASON: In the interests of
residential amenity.
[Relevant plans and policies:
BFBLP EN20, CSDPD CS7]
04. Noise from any source on site measured on
a Leq(1-hour) basis shall not exceed by more than 5 dB(A) the
background L90(1-hour) (excluding noise from the development)
between 0630 and 2300 hours; and as measured on a Leq(5-minute)
basis, shall not exceed by more than 5dB(A) the background
L90(1-hour) between 2300 and 0630 hours, outside any
dwelling.
REASON: In the interests of
residential amenity.
[Relevant plans and policies:
BFBLP EN20, CSDPD CS7]
05. The net sales area of the store (as
defined in DPP's letter dated 29 May 2001 (approved under
permission 00/01055/FUL) as the retail sales area, checkouts and customer services)
shall not exceed 3850 sq m.
REASON: To control the amount
of sales floorspace in accordance with retail planning
policy.
[Relevant plans and policies:
BFBLP E7, CSDPD CS21]
06. No more than 18% of the retail sales area
of the store as extended (as defined in DPP's letter dated 29 May
2001 (00/01055/FUL))
shall be used for the sale or display of comparison goods. For the
purposes of this condition, comparison goods shall exclude health
and beauty and pharmaceutical goods.
REASON: To control the nature
of the retail offer of the store in accordance with retail planning
policy
[Relevant plans and policies:
BFBLP E7, CSDPD CS21]
07. The unit shops approved under planning
application 00/01055/FUL shall not be used for ancillary storage in
association with the large store or amalgamated into larger
units.
REASON: In the interests
of sustainable development to ensure that a range of shop units are
available within the neighbourhood centre serving a variety of
neighbourhood centre goods and services.
08.
The sound rating level
(established in accordance with BS4142:2014) of any plant,
machinery, deliveries and equipment used, installed or operated in
connection with this permission shall not exceed, at any time, the
prevailing background sound level at the nearest residential or
noise sensitive property. If the plant, machinery or equipment is
to be enclosed details of the enclosure shall be sent to the Local
Planning Authority for their approval before the development
commences.
REASON: To protect future residents of the site
and the occupants of nearby residential properties from
noise.
09. All vehicle engines and refrigeration
units shall be switched off during deliveries.
REASON: To protect the amenity of residents living
in the vicinity of the site and to reduce impact on air
quality.
Informative(s):
01. The Local Planning Authority has acted
positively and proactively in determining this application by
assessing the proposal against all material considerations,
including planning policies and any representations that may have
been received and subsequently determining to grant planning
permission in accordance with the presumption in favour of
sustainable development, as set out within the National Planning
Policy Framework.
02. Although they must be complied with, no
details are required to be submitted in relation to the following
conditions:
(1) Store opening
hours
(2) Petrol station opening
hours
(3) Delivery hours
(4) Noise from any
source
(5) Size of sales
area
(6) Use of sales
area
(7) No ancillary
storage
(8) Sound rating
level
(9) Engines and refrigeration
units
Doc.
Ref:Uniform
7/DC/Agenda
The application
file to which this report relates can be viewed at the Council's
Time Square office during office hours
or online at
www.bracknell-forest.gov.uk
