Agenda item

To consider the report of the Assistant Director City Development.

 

The Principal Project Manager (Development) (MD) presented the application for an extension to retail warehouse of 1,363 square metres (GIA) to be used primarily for the sale of garden centre goods, poultry and pet products, and decorative items including housewares and gardenware (Use Class A1), with ancillary internal cafe (190 square metres), following demolition of wall/fence (re-revised description).

 

Members were circulated with an update sheet - attached to minutes.

 

Mr Smith spoke against the application. He raised the following points:-

 

·         can recall the site in question over many decades, from Claridges Wood Yard, to Commercial Motors, to B&Q and now The Range. Edwin Road has lived alongside its commercial neighbours with relative ease, over a very long period;

·         in general, the neighbours welcome The Range, but have a few concerns that the council should act upon before permission is granted;

·         one of the main objections is the large bank of air conditioning units that have appeared and been installed prior to gaining planning permission, without any sign of noise mitigation. All of the neighbours in Edwin Road would like to see these removed, and not mitigated. In positioning them right behind garden fences, where many of my neighbours enjoy the final rays of sunshine and have constructed eating areas and decking in a pleasant quiet area, the units will destroy that current ambiance and the quality of life currently enjoyed;

·         in clearing an area for these air conditioning monsters, the developers have cut down many of the trees and bushes that formed a natural screen against the stark grey building and many residents would like to seek written assurances from the council that the trees are reinstated and the back of the building painted in the existing grey colour as it is looking very shabby throughout;

·         would like assurances that there won’t be any loud music playing and the tannoy announcements or recorded messages are kept to an absolute minimum;

·         seek assurance that the car parking area does not become pay and display as is currently the case at the Water Lane site, as this would push even more traffic seeking alternative free parking into the already badly congested road system and inevitably into Edwin Road which is already jammed full of commuters using it as their nearest free parking place for walking or bussing into town;

·         the developers have agreed to keep the green metal fence behind the wooden fence and the grey colour of the back of the building badly needs re-painting; and

·         despite being relatively close to the main Alphington Road the residents of Edwin Road enjoy a quiet and relatively peaceful existence and thoroughly enjoy the use of their gardens in their leisure time which they greatly value. Believe that the Range and the residents can exist together and these few points that are so critical to keep the current peaceful nature of their gardens can be taken into account to ensure that the current ambiance continues unabated.

 

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

 

·         the existing Range Store in Haven Road will continue but in a different form. The new store will have different operational requirements and can maximize the overall shopping offer in an enhanced, quality store;

·         some 45 jobs were lost when B&Q closed and 85 new jobs will be created through this £1.5 million development for a store which has become run down and in need of a refurbishment to bring back to life;

·         will improve the overall ambience of this site, improve the car park and benefit both Aldi and Iceland; and

·         hope to open the store by the end of the year and to work harmoniously with residents.

 

He responded as follows to Members’ queries:-

 

·         will look to address remaining issues following removal of air conditioning, including replacement landscaping; and

·         the existing store has paid parking because of the landlord’s requirement but parking will be free on the new site subject to a limit of three hours. The company finds that charging for parking hinders trade.

 

The recommendation was for approval, subject to the conditions as set out in the report (condition 5 amended, condition 8 delegated to officers) and subject to a Section 106 Agreement to pay £45,000 towards a new pedestrian crossing on Alphington Road at Sydney Road junction. Devon County Council would pay the remaining £45,000 and will need to be party to the agreement.

 

RESOLVED that planning permission for an extension to retail warehouse of 1,363 square metres (GIA) to be used primarily for the sale of garden centre goods, poultry and pet products, and decorative items including housewares and gardenware (Use Class A1), with ancillary internal cafe (190 square metres), following demolition of wall/fence (re-revised description) be approved, subject to the completion of a Section 106 Agreement under the Town and Country Planning Act 1990 for a contribution of £45,000 towards highway works and the following conditions (condition 5 amended, condition 8 delegated to officers)  plus a further condition to be added to remove plant if still on site at point of planning permission.

 

1)    The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

Reason: To comply with Section 91(1)(a) of the Town and Country Planning Act 1990 (as amended).

 

2)    The development hereby permitted shall be carried out in complete accordance with the approved plans listed below: (to be confirmed)

Reason: For the avoidance of doubt and to ensure a satisfactory completion of development.

 

Prior to commencement (further development)

 

3)    No development from the date of this decision shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The Statement shall provide for:

 

a)         The parking of vehicles of site operatives and visitors.

b)         Loading and unloading of plant and materials.

c)         Storage of plant and materials used in constructing the development.

d)         The erection and maintenance of securing hoarding, if appropriate, which shall be kept clear of graffiti and fly-posting.

e)         Wheel washing facilities.

f)         Measures to control the emission of dust and dirt during construction.

g)         A scheme for recycling/disposing of waste resulting from construction works, with priority given to reuse of building materials on site wherever practicable.

h)         No burning on site during construction or site preparation works

i)          Measures to minimise noise nuisance to neighbours from plant and machinery.

j)          Construction working hours and deliveries from 8:00 to 18:00 Monday to Friday, 8:00 to 13:00 on Saturdays and at no time on Sundays or Bank Holidays.

 

The approved Statement shall be adhered to throughout the remaining construction period of the development.

Reason: To safeguard the Local Planning Authority's rights of control over these details to ensure that the construction works are carried out in an appropriate manner to minimise the impact on the amenity of neighbouring uses and in the interests of the safety and convenience of highway users. These details are required pre-commencement as specified to ensure that building operations are carried out in an appropriate manner to avoid nuisance to neighbouring uses and inconvenience to highway users.

 

4)    No development from the date of this decision shall take place until fences have been erected and other protection measures put in place for the protection of trees to be retained on and adjacent to the site in accordance with the Arboricultural Report (First Ecology, September 2016) submitted with the application. The fences and other protection measures shall be retained until the completion of the development and no vehicles, plant or materials shall be driven or placed within the areas enclosed by the fences.

Reason: To protect existing trees on or adjacent to the site in accordance with the Trees in Relation to Development SPD. These measures are required pre-commencement as specified to ensure that existing trees are not damaged by building operations.

 

5)    No development from the date of this decision shall take place until technical details of the surface water drainage scheme submitted with the application have been submitted to and approved in writing by the Local Planning Authority in consultation with Devon County Council as the Lead Local Flood Authority. These will include relevant drainage calculations and will demonstrate that there will be no increased risk of flooding to surrounding buildings, roads and land. The extension shall not be occupied or brought into use until the surface water drainage scheme has been completed in accordance with the approved details and it shall be continually maintained thereafter.

Reason: To manage water and flood risk in accordance with Policy CP12 of the Core Strategy, Policy EN4 of the Exeter Local Plan First Review and paragraph 103 of the NPPF. These details are required pre-commencement as specified to ensure that the surface water drainage scheme is constructed to an appropriate standard and will not lead to increased risk of flooding to surrounding buildings, roads and land.

 

6)    Prior to the erection of the walls of the extension above damp proof course samples of the external building materials shall be submitted to and approved in writing by the Local Planning Authority. The extension shall be built from the materials approved.

Reason: In the interests of design and the character of the area in accordance with Policy CP17 of the Core Strategy, Policy DG1 of the Exeter Local Plan First Review and paragraphs 58 of the NPPF. These details are required pre-commencement as specified to ensure that the extension is constructed to a high standard and from the materials approved.

 

7)    No development from the date of this decision shall take place until a BREEAM design stage assessment report for the extension is submitted to and approved in writing by the Local Planning Authority. This shall demonstrate that the extension is constructed to achieve BREEAM ‘Excellent’ standards, unless this is demonstrated not to be viable or feasible to the satisfaction of the Local Planning Authority. In the event of the latter, the report will show how the extension will be constructed to achieve BREEAM standards as high as viable or feasible to the satisfaction of the Local Planning Authority. The extension shall be constructed in accordance with the approved report.

Reason: In the interests of sustainable construction in accordance with Policy CP15 of the Core Strategy and paragraphs 93-97 of the NPPF. These details are required pre-commencement as specified to ensure that the extension is constructed to meet the required standards.

 

8)    Details to cut CO2 emissions by 10%, unless not viable or feasible (to be confirmed)

 

Prior to occupation

 

9)    Prior to the first occupation or use of the development hereby permitted, the road marking improvements and pedestrian access improvements shown on the approved plans shall be implemented in full.

Reason: In the interests of pedestrian safety in accordance with paragraph 32 of the NPPF.

 

Prior to installation/specific works

 

10)No external lighting shall be installed on the site or on the building unless details of the lighting have been submitted to and approved in writing by the Local Planning Authority. Thereafter external lighting shall be installed in accordance with the approved details.

Reason: In the interests of design and residential amenity in accordance with Policy CP17 of the Core Strategy, Policies DG1 and DG7 of the Exeter Local Plan First Review, and paragraphs 17 and 58 of the NPPF.

 

11)No extraction equipment to treat and disperse emissions from cooking operations shall be installed on the site or on the building unless details of the extraction equipment have been submitted to and approved in writing by the Local Planning Authority. Thereafter extraction equipment shall be installed in accordance with the approved details.

Reason: In the interests of design and residential amenity in accordance with Policy CP17 of the Core Strategy, Policies DG1 and DG7 of the Exeter Local Plan First Review, and paragraphs 17 and 58 of the NPPF.

 

12)Prior to any planned works within the root protection areas of any trees on or adjacent to the site, details of the works shall be submitted to and approved in writing by the Local Planning Authority. The works shall be implemented as approved.

Reason: To ensure the health and longevity of the trees in the interests of design and amenity in accordance with Policy CP17 of the Core Strategy, Policy DG1 of the Exeter Local Plan First Review, and paragraphs 17 and 58 of the NPPF.

 

13)In the event that existing trees on or adjacent to the site are felled or damaged by construction activities associated with the development and need to be removed, replacement tree planting shall be provided by the developer in accordance with details that will be submitted to and approved in writing by the Local Planning Authority. The replacement trees shall be planted in the first planting season following the first occupation or use of the development hereby permitted or in earlier planting seasons wherever practicable, and any trees or plants which within a period of 5 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.

Reason: In the interests of design and amenity in accordance with Policy CP17 of the Core Strategy, Policy DG1 of the Exeter Local Plan First Review, and paragraphs 17 and 58 of the NPPF.

 

Restrictive/Permanent

 

14)Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended), the extension to the retail warehouse shall not be used for the sale of any goods other than those in the following categories:

 

(i)            Do-It-Yourself goods and garden centre goods, including related building materials, tools and equipment;

(ii)           New kitchens and bathrooms;

(iii)          Carpets, wall and floor coverings;

(iv)         Lighting products;

(v)          Household furniture, furnishings and textiles;

(vi)         Office furniture and supplies;

(vii)        Household goods and kitchenware;

(viii)       Electrical goods;

(ix)         Motor vehicle and bicycle related goods;

(x)          Marine accessories and chandlery;

(xi)         Camping and associated leisure goods (not including clothing and/or footwear);

(xii)        Pet products; and

(xiii)       Hobbies, crafts and toys.

 

The following categories of goods shall be permitted to be sold as ancillary goods restricted to a maximum floor area of 50 sq m each:

 

a.            Non-fashion clothing and footwear; and

b.            Toiletries.

 

Reason: In the interests of protecting the viability and vitality of the centres in the catchment area of the proposal, including the Primary and Secondary Shopping Areas in Exeter City Centre and the District and Local Centres in the city, in accordance with Policy CP8 of the Core Strategy, Policies S1 and S2 of the Exeter Local Plan First Review, and section 2 of the NPPF.

 

15)The ancillary café hereby permitted shall be restricted to a maximum floor area of 190 sq m.

Reason: In the interests of protecting the viability and vitality of the centres in the catchment area of the proposal, including the Primary and Secondary Shopping Areas in Exeter City Centre and the District and Local Centres in the city, in accordance with Policy CP8 of the Core Strategy, Policies S1 and S2 of the Exeter Local Plan First Review, and section 2 of the NPPF.

 

16)The ancillary café hereby permitted shall not be operated independently of the retail warehouse. In the event that the ancillary café use is ceased, the floor area occupied by it shall revert to restrictive retail use in accordance with condition 14.

Reason: In the interests of protecting the viability and vitality of the centres in the catchment area of the proposal, including the Primary and Secondary Shopping Areas in Exeter City Centre and the District and Local Centres in the city, in accordance with Policy CP8 of the Core Strategy, Policies S1 and S2 of the Exeter Local Plan First Review, and section 2 of the NPPF.

 

17)The ancillary café hereby permitted shall not be used for the sale of food and drink other than hot and cold drinks, sandwiches, snacks and light refreshments for consumption on the premises only.

Reason: In the interests of protecting the viability and vitality of the centres in the catchment area of the proposal, including the Primary and Secondary Shopping Areas in Exeter City Centre and the District and Local Centres in the city, in accordance with Policy CP8 of the Core Strategy, Policies S1 and S2 of the Exeter Local Plan First Review, and section 2 of the NPPF.

 

18)The extension to the retail warehouse hereby permitted shall not be sub-divided from the retail warehouse and shall be used by the same retailer with the same fascia that is occupying the retail warehouse at the same time.

Reason: In the interests of protecting the viability and vitality of the centres in the catchment area of the proposal, including the Primary and Secondary Shopping Areas in Exeter City Centre and the District and Local Centres in the city, in accordance with Policy CP8 of the Core Strategy, Policies S1 and S2 of the Exeter Local Plan First Review, and section 2 of the NPPF.

 

19)The extension to the retail warehouse hereby permitted shall not be sub-divided into more than one retail unit and shall not be used by more than one retailer with an individual fascia.

Reason: In the interests of protecting the viability and vitality of the centres in the catchment area of the proposal, including the Primary and Secondary Shopping Areas in Exeter City Centre and the District and Local Centres in the city, in accordance with Policy CP8 of the Core Strategy, Policies S1 and S2 of the Exeter Local Plan First Review, and section 2 of the NPPF.