Agenda item

Proposal:      Erection of retail foodstore with associated car parking, access, landscaping and engineering works.

 

Additional Information

 

(The site was viewed by the Site Viewing Working Party on 6 Jun 2022)

 

Proposal:      Erection of retail foodstore with associated car parking, access, landscaping and engineering works.

 

The Committee considered the written report and recommendation from the Head of Planning to grant permission.

 

The Committee received supplementary information, circulated prior to the meeting, which:

 

(1)        included written deputations submitted by Councillor Pike and by Mr Mitchell, on behalf of the applicant;

 

(2)        reported receipt of a highways summary report submitted by the applicant’s highway consultant to support the application;

 

(3)        reported additional representations received and officer comments upon them;

 

(4)        amended the reference to the NPFF in paragraph 7.47 of the report; and

 

(5)        amended recommended condition 6.

 

Officers also verbally reported a further amendment to recommended condition 2 regarding one of the document references.

 

The Chairman advised the Committee that she had agreed to a request from the applicant that Mr Mitchell present the deputation submitted by the applicant and to allow Mr Mitchell, Mr Mayer and Mr Thorne (“the applicant’s representatives”) to answer any technical questions raised by the members.

 

The Committee was addressed by Mr Mitchell, who on behalf of the applicant, reiterated the issues set out in the written deputation submitted by the applicant.

 

In response to questions from members of the Committee, the applicant’s representatives:     

 

·                     Advised that the visibility at the B & Q roundabout crossing point at the roundabout had been investigated and found to meet the necessary guidance. Although it was acknowledged that there was constrained visibility westwards at this point for road users exiting the access point, it was felt that the retention of the vegetation that obscured the driver’s view would be beneficial as it would encourage drivers to be more cautious when approaching this exit point.

 

·                     Advised that the level of support referred to in the deputation was an analysis of an independent survey undertaken by the applicant.

 

 

·                     Reassured the Committee that the proposal was intended to complement existing stores in the area and that there were no plans to close the store currently operating in Park Parade.

 

·                     Explained that the new trip category referred to in the report related to those trips on the network which were entirely associated with the new development and were therefore not currently accounted for on the network. It was envisaged that the proposed store would not necessarily generate all new trips but redirect existing trips from existing stores.

 

·                     Reported that the scope of the assessment of the impact on the ASDA roundabout had been governed by the Highway Authority. This assessment found that the proposal would have a minimal impact on the overall operation of the roundabout.

 

·                     Advised that the access road into Lidl had been assessed and was considered suitable for use by delivery and customer vehicles. The Committee was also advised that the proposed dual use access road was a common feature for Lidl stores

 

·                     Advised that the maintenance of the vegetation on land within the ownership of the applicant would be maintained by the applicant. It was also reported that the applicant was negotiating with the Highway Authority for a licence to enable the applicant to maintain the vegetation, provided by this application, which was situated on highway land.

 

·                     Explained the proposed safety measures to be introduced on the private access road and at the proposed access point to the proposed store.

 

·                     Advised that vehicles exiting the proposed store would be able to turn left or right.

 

·                     Explained the works to be undertaken to improve pedestrian and cyclists safety at the B&Q arm crossing point.

 

·                     Explained that although the parking provision fell short of the adopted standard it had been demonstrated that the level of parking to be provided would be more than sufficient for a Lidl store.

 

The Committee discussed the application in detail together with the views raised by deputations.

 

During the debate, concern was raised about the impact the proposal could have on the current store at Leigh Park, highway safety and the potential impact on the ASDA roundabout and approaches to it. However, the majority of the Committee considered that:

 

(i)         as the proposal was for an out of town retail outlet, it should not have an adverse impact on the existing Lidl stores in shopping centres;

 

(ii)        the introduction of the store could ease the traffic generated by the nearby ASDA store thereby reducing the number of vehicles using the ASDA arm onto the roundabout; and

 

(iii)        the proposed scheme would provide a much better outcome for the existing site biodiversity and for biodiversity more generally, and would result in Biodiversity Net Gain on the site compared to the existing situation.

 

A motion proposed by Councillor Fairhurst and seconded by Councillor Milne to agree the recommendations set out in the submitted report, as amended by the supplementary papers and the officers’ verbal report , was agreed by the Committee.

 

It was therefore:

 

RESOLVED that application APP/20/001221 be granted permission subject to:

 

(A)       a Section 106 Agreement as set out in paragraph 7.58 of the submitted report; and

 

(B)       the following conditions (and any others that the Head of Planning considers necessary to impose prior to the issuing of the decision):

 

 

1          The development must be begun not later than three years beginning with the date of this permission.

 

            Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

           

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

 

            PROPOSED SITE PLAN 210610_19139_AD 110 REV C 

            PROPOSED SITE SECTIONS 210520_19139_AD_118 REV B

            PROPOSED LEVELS 210615_19139_AD_117 REV D

            Typical Sections JSL3712-RPS-XX-EX-DR-L-905 P02

            PROPOSED CUT & FILL 210615_19139_AD_119_C 

            PROPOSED SITE - BOUNDARY TREATMENTS 210610_19139_AD 114 REV D 

            PROPOSED SITE - TOPO OVERLAY 210610_19139_AD 117 REV C 

            PROPOSED SITE PLAN FINISHES 210618_19139_AD 115 REV C 

            PROPOSED ELEVATIONS 19139_AD 113

            PROPOSED ROOF 19139_AD 112

            PROPOSED GROUND FLOOR PLAN 210618_19139_AD 111 REV B

 

            PROPOSED LIGHTING LAYOUT D-377363 R3

            Preliminary Ecological Appraisal (RPS, October 2020),

            Dormouse and Bat Survey report (RPS, September 2021)

            Ecological Technical Note (RPS, 8 February 2022)

            ILLUSTRATIVE FOOTPATH SECTION - JSL3712-RPS-XX-EX-DR-905-P01

            B/LIDLPURBROOKWAY2.1/06 Rev H

            Pedestrian and cycle link as shown indicatively on drawing number AD 110 Rev C

            SWEPT PATH ANALYSIS B/LIDLPURBROOKWAY2.1/06H/TK01  

            DETAILED SOFT LANDSCAPE PROPOSAL JSL3712-RPS-XX-EX-DR-L-901 P09 

            LANDSCAPE MANAGEMENT PLAN & MAINTENANCE SCHEDULE JSL3712-RPS-XX-EX-RP-L-904 P03 21 January 2022

            TREE SURVEY & ARBORICULTURAL IMPACT ASSESSMENT JSL3712_770 dated 1/4/21

            Typical Tree Pit Details JSL3712-RPS-XX-EX-DR-L-902 Revision P01

            ARCHAEOLOGICAL DESK BASED ASSESSMENT October 2020 V2

            Noise assessment 8470/BL REVC

 

            Reason: - To ensure provision of a satisfactory development.

 

            Submission of materials

3          Notwithstanding any description of materials in the application no above ground construction works shall take place until samples and / or a full specification of the materials to be used externally on the buildings have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the type, colour and texture of the materials. Only the materials so approved shall be used, in accordance with any terms of such approval.

 

            Reason: To ensure the appearance of the development is satisfactory and having due regard to policies CS11 and CS16 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

 

Highways

4          No development shall take place until a Construction Traffic Management Plan specifying the following matters has been submitted to and approved in writing by the Local Planning Authority:

 

            The provision to be made within the site for:

 

            (i)     construction traffic access routes

            (ii)    the turning of delivery vehicles

            (iii)    provisions for removing mud from vehicles

            (iv)   the contractors' vehicle parking during site clearance and construction of the development;

            (v)    a material storage compound during site clearance and construction of the development.

            (vi)   adequate provision for addressing any abnormal wear and tear to the highway

            (vii)   a programme for construction

 

            Thereafter, throughout such site clearance and implementation of the development, the approved construction traffic access, turning arrangements, mud removal provisions, parking provision and storage compound shall be kept available and used as such.

 

            Reason: To safeguard the amenities of the locality and in the interests of traffic safety and having due regard to policies CS16 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

 

5          Prior to the occupation of the development the traffic calming measures as outlined on plan B/LIDLPURBROOKWAY2.1/06 Rev H, shall have been fully installed and be operational at all times, unless otherwise agreed in writing by the Local Planning Authority.

 

            Reason: To safeguard the amenities of the locality and in the interests of traffic safety and having due regard to policies CS16 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

 

6          The car and cycle parking, servicing and other vehicular access arrangements shown on the approved plans to serve the development hereby permitted shall be made fully available for use prior to the development being first brought into use and shall be retained thereafter for their intended purpose.

 

            Reason: In the interests of highway safety and having due regard to policy DM14 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

 

Landscaping, trees and ecology

7          The soft landscaping scheme shall be carried out in accordance with the approved plans, DETAILED SOFT LANDSCAPE PROPOSAL JSL3712-RPS-XX-EX-DR-L-901 P09, LANDSCAPE MANAGEMENT PLAN & MAINTENANCE SCHEDULE JSL3712-RPS-XX-EX-RP-L-904 P03 - 21 January 2022 and timetable for provision unless otherwise agreed, in writing, by the Local Planning Authority. Any tree or shrub planted or retained as part of such approved landscaping scheme which dies or is otherwise removed within the first 5 years shall be replaced with another of the same species and size in the same position during the first available planting season, unless agreed in writing by the Local Planning Authority.

 

            Reason:  To ensure the appearance of the development is satisfactory and having due regard to policies CS11 and CS16 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework

 

8          Prior to any demolition, construction or groundwork commencing on the site the approved tree protective measures, including fencing and ground protection, as shown on the Arboricultural Impact Appraisal and Method Statement TREE SURVEY & ARBORICULTURAL IMPACT ASSESSMENT JSL3712_770 dated 1/4/21 shall be installed. The Council’s Arboricultural Officer shall be informed once protective measures have been installed so that the Construction Exclusion Zone (CEZ) can be inspected and deemed appropriate and in accordance with Tree Protection Plan (telephone 023 92 446525). No arboricultural works shall be carried out to trees other than those specified and in accordance with the submitted Tree Survey. Within the fenced area(s), there shall be no excavations, storage of materials or machinery, parking of vehicles or fires.

            Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with the objectives of the National Planning Policy Framework and Policy CS16 of the Havant Borough Local Plan (Core Strategy) 2011.

 

9          The hardsurfacing shall be carried out in accordance with the approved plans, PROPOSED SITE PLAN FINISHES 210618_19139_AD 115 REV C  External Works, in accordance with a timetable to be submitted to and approved in writing by the Local Planning Authority before works proceed above ground level, unless otherwise agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

            Reason:  In the interests of the amenities of the locality and having due regard to policies CS1, CS16, and DM8 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

 

10        Development shall proceed in accordance with the ecological avoidance, mitigation, compensation and enhancement measures detailed within the submitted Preliminary Ecological Appraisal (RPS, October 2020), Dormouse and Bat Survey report (RPS, September 2021) and Ecological Technical Note (RPS, 8 February 2022) unless otherwise agreed in writing by the Local Planning Authority. All measures shall be implemented as per ecologists’ instructions and ecological enhancement features shall be retained in perpetuity in the agreed locations.

 

            Reason: To protect biodiversity in accordance with the Conservation Regulations 2017, Wildlife & Countryside Act 1981, the NERC Act (2006), NPPF and Policy CS11 of the Havant Borough Core Strategy March 2011.

 

Drainage

11        The drainage system shall be constructed in accordance with the Flood Risk Assessment & Drainage Strategy ref: A/LIDLHAVANT.10. Surface water discharge to the surface water sewer shall be limited to 3.0 l/s, unless otherwise agreed in writing by the Local Planning Authority. Any revised details submitted for approval must include a technical summary highlighting any changes, updated detailed drainage drawings and detailed drainage calculations.

 

            Reason: Without the provision of an appropriate surface water connection point the development cannot be appropriately mitigated and having due regard to policies and proposals CS16 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

 

Contamination

12        Prior to the commencement of any specific phase of development approved by this planning permission (other than demolition, site clearance, or any other date or stage in development as may be agreed in writing with the Local Planning Authority), an assessment of the nature and extent of contamination at the site, whether originating from within or outside the curtilage, shall be submitted to and approved in writing by the Local Planning Authority.

 

            The assessment may comprise separate reports as appropriate, but shall be undertaken by competent persons and unless specifically excluded in writing by the Local Planning Authority, shall include;

 

    1)     An intrusive site investigation based on the proposals outlined in Remada Ltd Phase 2 Ground Investigation Ref; 770.02.02 October 2020; to provide sufficient data and information to adequately identify & characterise any physical contamination on or affecting the site, and to inform an appropriate assessment of the risks to all identified receptors.

 

    2)     The results of an appropriate risk assessment based upon the 770.02.02 report & (1), and where unacceptable risks have been identified, a Remediation Strategy that includes;

•   appropriately considered remedial objectives,

•   an appraisal of remedial &/or risk mitigation options, having due regard to sustainability, and;

•   clearly defined proposals for mitigation of the identified risks.

 

    3)     A verification plan providing details of the data that will be collected in order to demonstrate that the works set out any Remediation Strategy required under (2) are complete, identifying any requirements for longer-term monitoring of pollutant linkages, maintenance of engineered mitigation measures, and arrangements for contingency action.

 

            All elements shall be adhered to unless agreed in writing by the Local Planning Authority.

            Reason: The Phase 2 report has identified indications that contamination is present at the site, but the spatial extent & volume of soil affected is unclear. Unacceptable risks to future employees of the site are possible. Soil gas has been shown to poses a potentially unacceptable risk to health in enclosed spaces, and requires mitigation measures appropriate to CS2 to be implemented. This is in line with Policies DM10 of the Havant Borough Local Plan (Core Strategy) 2011, DM17 of the Havant Borough Local Plan (Allocations) 2014, and paragraphs 178-180 of the National Planning Policy Framework.

 

13        Prior to the occupation of any relevant part of the permitted development, any verification report required in accordance with condition 12 above shall be submitted to and approved in writing by the Local Planning Authority.

 

            The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan, and must demonstrate that site remediation criteria have been met. Where longer-term monitoring of pollutant linkages is identified as being necessary, the report shall clearly set out plans for monitoring, provision for maintenance, relevant triggers and contingency actions (a “long-term monitoring and maintenance plan”).

 

            The long-term monitoring and maintenance plan shall be implemented as approved.

 

            Reason: The Phase 2 report has identified indications that contamination is present at the site, but the spatial extent & volume of soil affected is unclear. Unacceptable risks to future employees of the site are possible. Soil gas has been shown to poses a potentially unacceptable risk to health in enclosed spaces, and requires mitigation measures appropriate to CS2 to be implemented. This is in line with Policies DM10 of the Havant Borough Local Plan (Core Strategy) 2011, DM17 of the Havant Borough Local Plan (Allocations) 2014, and paragraphs 178-180 of the National Planning Policy Framework.

 

Use

14        Notwithstanding the provisions of Part 7, Class A of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revising, revoking and re-enacting that Order) no enlargement by way of extension, installation of a mezzanine floor or other alteration to any building the subject of this permission shall be carried out without express planning permission first being obtained.

            Reason: In the interest of preserving the vitality and viability of neighbouring District Centres in accordance with the NPPF and policy CS4 of the Havant Borough Local Plan (Core Strategy) 2011.

 

Sustainability - BREEAM

15        Before the development commences, written documentary evidence demonstrating that the development will achieve at minimum’ Very Good’  against the BREEAM Standard, in the form of a design stage assessment, shall  be submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

            Reason: To ensure the development contributes to sustainable construction in accordance with Policy CS4 of the Havant Borough Local Plan (Core Strategy) 2011.

 

16        Within 6 months of any part of the development first becoming occupied, written documentary evidence proving that the development has achieved at minimum Very Good against the BREEAM Standard in the form of post construction assessment and certificate as issued by a legitimate BREEAM certification body shall be submitted to the Local Planning Authority for its approval.

 

            Reason: To ensure the development contributes to sustainable construction in accordance with Policy CS4 of the Havant Borough Local Plan (Core Strategy) 2011.