Agenda item

To consider the report of the Assistant Director City Development.

The Principal Project Manager Development (MD) presented the application for the removal of Condition 3 regarding building's floor space limitation, variation of Condition 5 redefining goods to be sold from the premises and variation of Condition 8 to allow extended hours of opening to 9 pm Monday to Saturday of Planning Application 85/1023/01 allowed at appeal on 2 October 1986 (revised description).

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

RESOLVED that planning permission for the removal of Condition 3 regarding building's floor space limitation, variation of Condition 5 redefining goods to be sold from the premises and variation of Condition 8 to allow extended hours of opening to 9 PM Monday to Saturday of Planning Application 85/1023/01 allowed at appeal on 2 October 1986 (revised description) be APPROVED subject to the following conditions:-

1)    The reserved matters details of access, layout, scale, appearance and landscaping shall accord with reserved matters approval ref. 86/1052/02, unless otherwise varied by this decision.

       Reason: For the avoidance of doubt.

       Prior to first reoccupation

2)    Prior to the first occupation or use of the development hereby permitted following the date of this decision, a Detailed Landscaping Scheme for the site shall be submitted to and approved in writing by the Local Planning Authority. The Scheme shall include details of soft landscaping, including that designed to screen and/or soften the appearance of the building from the adjoining residential properties in Edwin Road. It shall specify tree/plant species and methods of planting. All trees and plants in the approved Scheme shall be planted in the first planting season following the first occupation or use of the development hereby permitted following the date of this decision 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 residential 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.

3)    Prior to the first occupation or use of the development hereby permitted following the date of this decision, details of cycle parking provision in accordance with the adopted Sustainable Transport SPD (March 2013) shall be submitted to and approved in writing by the Local Planning Authority. Cycle parking shall be provided on the site prior to the first occupation or use of the development hereby permitted following the date of this decision in accordance with the approved details.

       Reason: To promote cycling as a sustainable mode of transport in accordance with Policy T3 of the Exeter Local Plan First Review and the Sustainable Transport SPD.

4)    Prior to the first occupation or use of the development hereby permitted following the date of this decision, a Travel Plan (including recommendations and arrangements for monitoring and review) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the recommendations of the Travel Plan shall be implemented, monitored and reviewed in accordance with the approved document, or any amended document subsequently approved in writing by the Local Planning Authority.

       Reason: To encourage travel by sustainable means in accordance with Policy T3 of the Exeter Local Plan First Review and the Sustainable Transport SPD.

       Prior to installation

5)    No external lighting shall be installed on the site or on the building following the date of this decision 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.

       Restrictive/Permanent

6)    No pedestrian or vehicular access to the site shall be provided from Edwin Road.

       Reason: To accord with the original decision and prevent disturbance to the residents of Edwin Road.

7)    Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended), the retail warehouse to which this permission relates 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.

8)    The retail warehouse 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.

9)    Retail sales shall not be carried out on the site at any time outside the hours of 9.00 am to 9.00 pm on Mondays to Saturdays inclusive and the hours of 9.00 am to 6.00 pm on Sundays and Bank/Public Holidays.

       Reason: To protect residential amenity in accordance with paragraph 17 of the NPPF.

10) No vehicle deliveries to the retail warehouse nor loading or unloading of delivery vehicles on the site shall take place outside the hours of 7.00 am to 9.00 pm on Mondays to Fridays inclusive and the hours of 8.00 am to 1.00 pm on Saturdays. There shall be no vehicle deliveries to the retail warehouse nor loading or unloading of delivery vehicles on the site on Sundays or Bank/Public Holidays.

Reason: To protect residential amenity in accordance with paragraph 17 of the NPPF.

11) The car parking spaces and access thereto in the car park of the retail warehouse shall be kept permanently available for car parking and access purposes at all times.

       Reason: To ensure adequate off-street parking and access thereto is provided in the interests of highway safety and amenity.

12) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), the retail warehouse shall not be extended without the prior grant of planning permission.

       Reason: In the interests of design and residential 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.