Agenda item

Planning Application No. 16/0559/03 - Land to South of Exeter Road (Aldi), Exeter Road, Topsham, Exeter

To consider the report of the Assistant Director City Development.

 

Minutes:

The Assistant Director City Development presented a Section 73 application to remove condition 14 (limitation on delivery hours) of planning permission ref 14/2083/03 granted on 30th June 2015. A condition of the planning permission granted for the Aldi store had been delivery hours of 7:00am to 11:00pm Mondays to Saturdays and 9:00am to 6:00pm Sundays and Bank Holidays, the applicant having submitted this application to permit 24 hour delivery. A compromise had been proposed by the applicant for delivery to be between 6:00am to 12 midnight Mondays to Saturdays and 8:00am to 8:00pm Sundays.

 

Mr Williams spoke in support of the application. He raised the following points:-

 

  • original planning application granted in 2016 in respect of a new neighbourhood district food store, with construction having commenced and with an opening planned for Autumn 2016;
  • requesting change to delivery hours to provide greater flexibility in the replenishment of the store to minimise disruption to the operation of the store and help the customer experience. It will also reduce vehicles on the road during peak times and therefore reduce congestion. There will be no change in the number of lorries delivering;
  • the lorries will reverse directly into the store dock which will be sealed acoustically to provide a sound barrier and engines and refrigerator units will be switched off wherever possible;
  • pallets rather than cages will be used to further reduce noise during unloading;
  • an acoustic screen of 2.4 metres will prevent disturbance to residents and a noise assessment confirms that there will be no significant harm;
  • have listened to concerns of neighbours and have agreed to reduce the original request for 24 hour delivery to 6:00am to 12 midnight Mondays to Fridays and 8:00am to 8:00pm Sundays and Bank Holidays;
  • will agree to provision of a delivery noise management plan and to one year trial period and can operate efficiently within these amended hours.

 

He responded as follows to a Members’ queries:-

 

  • banksmen will be utilised to assist in unloading and vehicles will have bleepers;
  • delivery hours for other Aldi stores in Exeter vary;
  • change in hours necessary to increase flexibility and help increase efficiency of distribution centre in Swindon;
  • in respect of overall deliveries to other Aldi stores, the Operations Team are responsible for timetabling deliveries to all stores
  • the delivery noise management plan can include a requirement relating to banksmen.

 

The recommendation was for approval, subject to the conditions as set out in the report.

 

RESOLVED that, subject to the Assistant Director City Development being authorised, following prior consultation with the Chair of this Committee, a delivery noise management plan to include measures to negate potential nuisance from vehicle reversing alarms, such as the use of a banksman, a Section 73 application to remove condition 14 (limitation on delivery hours) of planning permission ref 14/2083/03 granted on 30th June 2015 beAPPROVED, subject also to the following conditions:-

 

1)

The development to which this permission relates must be begun not later than 30th June 2018.

Reason:  To ensure compliance with sections 91-92 of the Town and Country Planning Act 1990.

 

2)

The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details received by the Local Planning Authority on 16th September 2014, 7th October 2014 and 27th March 2015 (dwg. nos. 130447 P(1)01, 130447 P(1)02, 130447 P(1)03 Rev A, 130447 P(0)05, 130447 P(1)06, 130447 P(1)08, and 130447 P(1)09), as modified by other conditions of this consent and Non-material Minor Amendment applications reference nos 15/0960/37 and 15/1094/37 .

Reason:  In order to ensure compliance with the approved drawings.

 

3)

Samples of the materials it is intended to use externally in the construction of the development shall be submitted to the Local Planning Authority and the development shall not be started before their approval is obtained in writing and the materials used in the construction of the development shall correspond with the approved samples in all respects.

Reason:  To ensure that the materials conform with the visual amenity requirements of the area.

 

4)

A detailed scheme for landscaping, including the planting of trees and/or shrubs, the use of surface materials and boundary screen walls and fences shall be submitted to the Local Planning Authority and no development shall take place until the Local Planning Authority have approved a scheme;  such scheme shall specify materials, species, tree and plant sizes, numbers and planting densities, and any earthworks required together with the timing of the implementation of the scheme.  The landscaping shall thereafter be implemented in accordance with the approved scheme in accordance with the agreed programme.

Reason:  To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

 

5)

In the event of failure of any trees or shrubs, planted in accordance with any scheme approved by the Local Planning Authority, to become established and to prosper for a period of five years from the date of the completion of implementation of that scheme, such trees or shrubs shall be replaced with such live specimens of such species of such size and in such number as may be approved by the Local Planning Authority.

Reason:  To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

 

6)

No materials shall be brought onto the site or any development commenced, until the developer has erected tree protective fencing around all trees or shrubs to be retained, in accordance with a plan that shall previously have been submitted to and approved in writing by the Local Planning Authority. This plan shall be produced in accordance with BS 5837:2005 - ‘Trees in Relation to Construction’.  The developer shall maintain such fences to the satisfaction of the Local Planning Authority until all development the subject of this permission is completed.  The level of the land within the fenced areas shall not be altered without the prior written consent of the Local Planning Authority. No materials shall be stored within the fenced area, nor shall trenches for service runs or any other excavations take place within the fenced area except by written permission of the Local Planning Authority. Where such permission is granted, soil shall be removed manually, without powered equipment. 

Reason:  To ensure the protection of the trees during the carrying out of the development.

 

7)

No part of the development hereby approved shall be brought into its intended use until footways on the south side of Exeter Road connecting the site vehicular access to the nearest bus stops to the west and east of the site, as indicated on Drawing No. 130447 P(1)03 Rev A, have been provided in accordance with details that shall previously have been submitted to, agreed and approved in writing by the Local Planning Authority.

Reason: To provide a safe and suitable access for pedestrian and cyclists, in accordance with Paragraph 32 of the NPPF.

 

8)

No part of the development hereby approved shall be brought into its intended use until the vehicular access, including provision of a feature to provide pedestrian/cycle priority across the access, and internal footpath along the eastern boundary to the store entrance have been provided, surfaced and marked out in accordance with details that shall previously have been submitted to, agreed and approved in writing by the Local Planning Authority and retained for those purposes at all times.

Reason: To provide a safe and suitable access to the site, in accordance with Paragraph 32 of the NPPF.

 

9)

No part of the development hereby approved shall be occupied until the onsite cycle parking facilities, car parking facilities, footways and car park layout shall be provided in accordance Drawing No. 130447 P(1)03 Rev A and retained for those purposes at all times.

Reason: To ensure that adequate facilities are available for the traffic attracted to the site.

 

10)

C57  -  Archaeological Recording

 

11)

A detailed site Travel Plan shall be submitted to and agreed in writing by the Local Planning Authority in advance of occupation of the development and a review of travel patterns for the site shall be undertaken within 6 months of occupation of the development and on an annual basis thereafter, unless otherwise agreed with the Local Planning Authority.

Reason: To ensure that the development promotes all travel modes to reduce reliance on the private car, in accordance with paragraph 36 of the NPPF.

 

12)

Prior to the commencement of the development a Sustainable Urban Drainage Scheme (SUDS) to deal with surface water associated with the development shall be submitted to and approved in writing by the Local Planning Authority (in consultation with Devon County Council as the Lead Local Flood Authority). The said scheme shall include details of the on-going maintenance arrangements associated with any drainage system to be installed. The development shall be implemented strictly in accordance with the approved scheme.

Reason: To ensure the satisfactory drainage of the development.

 

13)

Air conditioning plant associated with the development shall only run between the hours of 07.00 to 23.00 and noise from refrigeration and air conditioning plant shall not exceed a rating noise level (measured in accordance with BS4142:2014) of 29 dB (23.00 to 07.00) and 41 dB (07.00 to 23.00) when measured at any noise sensitive receptor.

Reason: In the interests of the residential amenity of the occupants of nearby properties.

 

14)

For a period of 12 months from the opening of the store deliveries associated with the development hereby approved shall only take place between 06.00hrs - 00.00hrs Monday to Saturday, and 08.00hrs - 20.00hrs on Sundays. During this period the store operator should maintain a log of the dates and times of deliveries to the store to assist in the subsequent appraisal of the impact upon residential amenity in the locality. Thereafter, unless otherwise agreed in writing by the Local Planning Authority following the expiry of the 12 month period, deliveries associated with the development should revert to the previously approved hours under condition 14 of planning approval reference 14/2083/03, namely between 07.00hrs - 23.00hrs Monday to Saturday, and 09.00hrs - 18.00hrs on Sundays and bank holidays.

Reason: To allow the impact of extended delivery hours on residential amenity in the locality of the store to be assessed over a 12 month with a view to permanent approval of the extended delivery hours in the event that no significant adverse amenity impact is established over the trial period.

 

15)

No development shall take place on site until a full investigation of the site has taken place to determine the extent of, and risk posed by, any contamination of the land and the results, together with any remedial works necessary, have been agreed in writing by the Local Planning Authority. The building shall not be occupied until the approved remedial works have been implemented and a remediation statement submitted to the Local Planning Authority detailing what contamination has been found and how it has been dealt with together with confirmation that no unacceptable risks remain.

Reason:  In the interests of the amenity of the occupants of the building hereby approved.

 

16)

A Construction Environmental Management Plans (CEMP) shall be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of development on site and adhered to during the construction period. This should include details of monitoring and mitigation measures to control the environmental impact of the development during the construction and demolition phases, including site traffic, the effects of piling, and emissions of noise and dust. The CEMPs should contain a procedure for handling and investigating complaints as well as provision for regular meetings with appropriate representatives from the Local Authorities during the development works, in order to discuss forthcoming work and its environmental impact.

Reason: In the interest of the environment of the site and surrounding areas.

 

17)

Unless it is demonstrated in writing prior to the commencement of the development, to the satisfaction of the Local Planning Authority, that it is unviable or impracticable to do so the buildings hereby approved shall achieve a BREEAM 'excellent' standard as a minimum, and shall achieve 'zero carbon' if commenced on or after 1st January 2019. Prior to commencement of such a building the developer shall submit to the Local Planning Authority a BREEAM design stage assessment report, the score expected to be achieved and which standard this relates to. Where this does not meet the minimum required standard the developer must provide details of what changes will be made to the development to achieve the minimum standard, and thereafter implement those changes. A post completion BREEAM report shall be submitted to the Local Planning Authority within 3 months of the substantial completion of any such building hereby approved. The required BREEAM assessments shall be prepared, and any proposed design changes approved prior to commencement of the development, by a licensed BREEAM assessor.

Reason: To ensure that the proposal complies with Policy CP15 of Council's Adopted Core Strategy and in the interests of delivering sustainable development.

 

18)

Prior to the commencement of the development hereby approved a Wildlife Plan which demonstrates how the proposed development has been designed to enhance the ecological interest of the site, and how it will be managed in perpetuity to enhance wildlife, has been submitted to and approved by the Local Planning Authority. Thereafter the development shall be carried out and managed strictly in accordance with the approved measures and provisions of the Wildlife Plan.

Reason: In the interests of protecting and improving existing, and creating new wildlife habitats in the area.

 

19)

The net retail floor space of the store hereby approved shall be limited to 1140m². No more than 20% of the net retail floor space of the store hereby approved shall be devoted to the sale and display of comparison goods.

Reason: In the interests of protecting the vitality and viability of the existing city centre, district and local centres.

 

20)

Prior to the commencement of the development hereby approved a detailed scheme of mitigation in relation to the slow worm population identified as present on the site shall be submitted to, and be approved in writing by, the Local Planning Authority. Thereafter the development shall be carried out strictly in accordance with the approved scheme of mitigation.

Reason:  To ensure that the impact of the development on the protected species present on the site is appropriately mitigated.

 

21)

Unless otherwise agreed in writing by the Local Planning Authority the store hereby approved shall be operated in accordance with the provisions and recommendations set out in the submitted Noise Impact Assessment prepared by KR Associates (UK) Ltd dated December 2014 and subsequent version dated 12th July 2016.

Reason: In the interests of the residential amenity of the occupants of properties in the local vicinity.

 

22)

Prior to the store hereby approved being brought into use a Noise/Delivery Management Plan relating to delivery operations associated with the store (including the use of vehicle reversing warning alarms)  shall be submitted to and be approved in writing by the Local Planning Authority. Thereafter deliveries to the store shall be carried out in accordance with the approved delivery hours and the provisions of the approved Noise/Delivery Management Plan.

Reason: To ensure that deliveries in the store are carried out in accordance with agreed management practices aimed at minimising the potential for adverse impacts on the residential amenities of the occupants of surrounding dwellings.

 

23)

Prior to the store hereby approved being brought into use a 2.4 metre high acoustic barrier with a minimum surface density of 8Kgm-2 shall be erected along the length of the service bay to the south west of the store. Thereafter the said acoustic barrier shall be retained in situ at all times.

Reason: To mitigate the potential for noise disturbance associated with deliveries to the store in the interests of protecting the residential amenity of the occupants of surrounding properties.

 

Supporting documents: