Agenda item

Section 73 application to vary condition 3 (restriction on delivery times between 0500 to 2400 hours) of planning permission 11/00248/FUL to allow deliveries to Tesco store between the hours of 0300 to 2400 hours.

Section 73 application to vary condition 3 (restriction on delivery times between 0500 to 2400 hours) of planning permission 11/00248/FUL to allow deliveries to Tesco store between the hours of 0300 to 2400 hours.

The Committee noted:

·       The supplementary report tabled at the meeting.

·       The comments of Warfield Parish Council recommending refusal to the proposal as detailed in the agenda

·       The 14 letters of objection received as summarised in the agenda.

·       The addition letter of objection as detailed in the supplementary report.

RECOMMENDED 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 the following hours:

07.30 - 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 0300 hours, outside the nearest residential or noise sensitive property.

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.

10. All vehicle reversing alarms must be deactivated between the hours of 23:00 and 07:00.

REASON: In the interests of residential amenity.

[Relevant plans and policies: BFBLP EN20, CSDPD CS7]