Demolition of existing buildings and erection of food store, along with car parking, recycling centre, servicing arrangements, junction improvements, access and landscaping. Erection of petrol filling station.

The Committee had previously resolved to grant permission for this application on 8 August 2013 subject to the completion of an acceptable unilateral undertaking within three months of the meeting and as per conditions to be agreed in consultation with the local Members.  Due to the size of the proposed floorspace, the application was referred to the Department of Communities and Local Government (DCLG) to decide whether the Secretary of State wished to call it in.  The DCLG confirmed by letter dated 19th December 2013 that the Secretary of State did not wish to call in the application, however because the planning obligation attached to 13/00134/FUL had not been completed within the three month deadline resolved by committee, the application was now back before the Committee in the form of an update report.  A signed planning obligation had now been received and the report sought confirmation that the Committee wished to update their previous resolution and grant permission for the development.  The conditions had been agreed with Local Members and were set out in the report.  The report also considered the implications of the sale of the Coop store in the town centre to Waitrose.  Members’ attention was brought to the late observations sheet which set out the findings of the Council’s retail advisor GVA in response to a letter of objection from Waitrose; a letter received from Sainsburys in response to the objection; a letter from Tescos and Officer comments.  The late observations sheet did not propose any amendments or changes to the recommendations before the Committee.

 

The Committee was addressed by the following speakers:

 

Against the Application:       Rupert Simpson

For the Application:              Peter Kingham

Parish Representative:         Cllr. Davison

Local Member:                      Cllr. Scholey

 

Members asked questions of clarification from the Speakers and Officers.  The Committee then heard the Officer presentation and speakers for application SE/13/00935/FUL (see Minute 113) before moving to debate.

 

It was moved by the Chairman and duly seconded that the recommendation in the report to grant permission subject to conditions, be agreed.

 

It was confirmed that the store was classed as an ‘out of centre’ store not an ‘out of town’ store.  Members had due regard to the advice given by the GVA and discussed the potential benefits and detrimental impacts allowing the application would have on the town centre.  It was noted that the local Chamber of Commerce was in complete support of the application.  Most Members were in agreement that it was not a question of branding but which application would bring the most benefit to the area and fulfil community needs;and a question of better location, site and access.  A Member pointed out that the Committee had already agreed this application and it had only had to return to Committee for consideration due to the time delay over the s.106 planning obligation.

 

The motion was put to the vote and it was

 

Resolved:  That planning permission be GRANTED subject to the following conditions:-

1)    The development hereby permitted shall be begun before the expiration of 3 years  from the date of this permission.

In pursuance of section 91 of the Town and Country Planning Act 1990.

2)    No development shall be carried out on the land until details and samples of the materials to be used in the construction of the external surfaces of the building hereby permitted have been submitted to and approved in writing by the Council. The development shall be carried out using the approved materials.

To maintain the integrity and character of the building as supported by Policy EN1 of the Sevenoaks District Local Plan.

3)    No development shall commence until details of all external lighting, including floodlighting (whether temporary or permanent in nature), have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and so maintained thereafter.

In the interests of the visual amenities of the area, and to minimise impact on bats in accordance with Policies EN1 and EN31 of the Sevenoaks Local Plan, SP11 of the Core Strategy and the NPPF.

4)    Prior to its installation, full details of the type and position of proposed plant (including air conditioning, refrigeration, fume and extract and similar plant) shall be submitted to and approved in writing by the Local Planning Authority. Details shall include product details and noise specifications where appropriate and scaled drawings to the show appearance and position of the plant on the site. The plant shall be installed only in accordance with the approved details and maintained thereafter. The maximum noise levels detailed in the acoustic specification shall not be exceeded for the duration of the use.

In the interests of visual and residential amenity in accordance with Policy EN1 of the Sevenoaks Local Plan.

5)    Once installation is complete and prior to the store becoming operational, a noise validation assessment of the plant and equipment shall be carried out. If sufficient attenuation of the noise has not been achieved in accordance with the noise specifications detailed in the acoustic report approved under condition 4, mitigation measures shall be submitted for approval. These measures shall be implemented and maintained thereafter.

In the interests of residential amenity in accordance with Policy EN1 of the Sevenoaks District Local Plan.

6)    Within 6 months of the store becoming operational, the applicant shall carry out  a further acoustic assessment of the store.. If observed noise levels are greater than 3 dB(A) above the predicted levels, then additional mitigation works to bring it below this level shall be submitted to and approved in writing by the local planning authority. The approved details shall be implemented within 3 months of their approval and retained thereafter.

In the interests of residential amenity in accordance with Policy EN1 of the Sevenoaks District Local Plan.

7)    No groundworks, other than the demolition of the existing buildings, shall be commenced until:
a) a site investigation has been undertaken to determine the full nature and extent of any land contamination, and
b) the results of the investigation, together with an assessment by a competent person and details of a scheme to contain, treat or remove any contamination, as appropriate, has been submitted to and approved in writing by the Local Planning Authority. The assessment and scheme shall have regard to the need to ensure that contaminants do not escape from the site to cause air and water pollution or pollution of adjoining land. The scheme shall include details of arrangements for responding to any discovery of unforeseen contamination during the undertaking of the development hereby permitted, including a requirement to notify the Local Planning Authority of the presence of any such previously unidentified contamination. Prior to the first use of the development hereby permitted:
c) the approved remediation scheme shall be fully implemented, and d) a certificate shall be provided to the Local Planning Authority by a responsible person stating that remediation has been completed and the site is suitable for the permitted use. Thereafter, no works shall take place within the site such as to prejudice the effective of the approved scheme of remediation.

In the interests of amenity and public safety in accordance with the NPPF.

8)    The premises shall not be open to visiting members of the public outside the hours of 07:00 to 22:00 Monday to Saturday and 10:00 to 17:00 Sundays and Bank Holidays.

To safeguard the amenities of the occupiers of properties nearby to the site as supported by Policy EN1 of the Sevenoaks District Local Plan.

9)    No more than 30% of the net sales floor area shall be used for display and sale of comparison goods.

To define the scope of this permission, to ensure adequate parking and to prevent an adverse impact upon Edenbridge Town Centre in accordance with policy LO6 of the Core Strategy, policy EN1 of the Sevenoaks District Local Plan and in accordance with guidance contained within the NPPF.

10)  Irrespective of the provisions the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order with or without modification) no improvement, enlargement or other alteration to the building and the site the subject of this application, including further horizontal subdivision to provide a mezzanine floor, shall be undertaken.

To define the scope of this permission, to ensure adequate parking and to prevent an adverse impact upon Edenbridge Town Centre in accordance with policy LO6 of the Core Strategy, policy EN1 of the Sevenoaks Local Plan and in accordance with guidance contained within the NPPF.

11)  The retail unit shall be occupied as a single retail unit only and shall not be subdivided into separate units.

To define the scope of this permission, to ensure adequate parking and to prevent an adverse impact upon Edenbridge Town Centre in accordance with policy LO6 of the Core Strategy, policy EN1 of the Sevenoaks District Local Plan and in accordance with guidance contained within the NPPF.

12)  No development shall be carried out on the land until full details of soft and hard landscaping works and boundary treatments have been submitted to and approved in writing by the Local Planning Authority.  Those details shall include:- details of proposed hard surfaces, including details of the materials to be used on the finished parking, access and pathway surfaces.- height, material and finish of all boundary treatments.- planting plans (identifying existing planting, plants and trees to be retained and new planting). The proposed planting plans shall show native planting.-a schedule of new plants and trees (noting species, size of stock at time of planting and proposed number/densities) and-a programme of implementation. Soft and hard landscaping and boundary treatments shall be carried out before the first use of the unit hereby approved or otherwise in accordance with the agreed programme of implementation. Boundary treatments shall be maintained thereafter.  If within a period of five years from the completion of the development, any of the trees or plants that form part of the approved details of soft landscaping die, are removed or become seriously damaged or diseased then they shall be replaced in the next planting season with others of similar size and species.

To safeguard the visual appearance of the area in accordance with policy EN1 of the Local Plan.

13)  The development shall achieve BREEAM 'Very Good' standard including at least a 10% reduction in total carbon emissions through the on-site installation and implementation of decentralised, renewable or low-carbon energy sources. Evidence shall be provided to the Local Authority                                     
i) Prior to the commencement of development, a design stage assessment to demonstrate how it is intended the development will achieve BREEAM Very Good standard (including a 10% reduction in total carbon emissions) or alternative as agreed in writing by the Local Planning Authority and ii) Prior to the occupation of the development, that the development has achieved  BREEAM Very Good' standard (including a 10% reduction in total carbon emissions) or alternative as agreed in writing by the Local Planning Authority

In the interests of sustainable development in accordance with SP2 the Core Strategy and the NPPF.

14)  Notwithstanding the details submitted with the planning application, development shall not begin until a sustainable water drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The drainage strategy should demonstrate the surface water run off generated up to and including the 100yr critical storm will not exceed the run off from the undeveloped site following the corresponding rainfall event, and so not increase the risk of flooding both on, or off site. The submission shall address the following issues: An estimate of inflow entering the site from the railway culvert should be made, in order to assess the size of the proposed pipe needed to connect it to the surface water network on Fircroft Way. A detailed network analysis to confirm proposed discharge will be no greater than the existing rate and that a sufficient volume of storage will be provided. A 20% increased rainfall intensity should be used in the design to accommodate climate change. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

To prevent an increased risk of flooding both on and off site.

15)  Prior to commencement of the use, details of bat and bird boxes located throughout the site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to use of the store and approved thereafter.

In the interests of ecological protection in accordance with policy SP11 of the Core Strategy and the NPPF

16)  Prior to the works commencing on site, details of provision for construction vehicle loading, unloading, parking and turning shall be submitted to and approved by the Local Planning Authority and thereafter shall be provided and retained throughout the construction of the development.

To ensure that construction vehicles can be parked, unloaded and manoeuvred off the highway, in the interests of highway safety.

17)  Prior to the works commencing on site, details of parking for site personnel, operatives and visitors shall be submitted and approved by the Local Planning Authority and thereafter shall be provided and retained throughout the construction of the development.

To ensure provision of adequate off street parking for vehicles, in the interests of highway safety and to protect the amenity of local residents.

18)  Adequate precautions shall be taken during the progress of the works to guard against the deposit of mud, stones and similar substances on the public highway in accordance with proposals to be submitted to and agreed in writing by the Local Planning Authority. Such proposals shall include washing facilities by which vehicles will have their wheels chassis and bodywork effectively cleaned and washed free of mud and similar substances.

In the interests of highways safety and amenity.

19)  No part of the development shall be occupied until vehicle parking space has been provided in accordance with the approved drawing CHQ.11.9683-PL05B. The spaces approved shall be retained for parking in association with the development.

To ensure that the development is provided with adequate parking facilities in order to reduce the likelihood of roadside parking which could be detrimental to the free flow of traffic and to highway safety in accordance with policy EN1 of the Sevenoaks District Local Plan.

20)  No part of the development shall be occupied until secure cycle parking facilities for both staff and customers have been provided in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. These facilities shall thereafter be kept available for the parking of cycles in association with the development at all times.

To ensure that the development is provided with adequate parking facilities in order to encourage the use of alternative modes of transport in accordance with SP2 of the Core Strategy.

21)  Prior to the commencement of the development, a scheme for the management of deliveries shall be submitted to and approved in writing by the Local Planning Authority. The recommendations of the approved scheme shall be fully carried out and put into place prior to the first use of the building and thereafter maintained in operation.

To ensure the impact of deliveries is minimised in accordance with policy EN1 of the Sevenoaks District Local Plan.

22)  The development hereby permitted shall be carried out in accordance with the following approved plans: CHQ.11.9683-PL02, CHQ.11.9683-PL03, CHQ.11.9683-PL04, CHQ.11.9683-PL05B, CHQ.11.9683-PL06, CHQ.11.9683-PL07, CHQ.11.9683-PL08, 3150/20C, 3150/21, 925-01, 925-02, 925-04, 925-05.

For the avoidance of doubt and in the interests of proper planning.

23)  Prior to commencement of the use, details of an electric vehicle charging point in the public car park shall be submitted to and approved by the Local Planning Authority. The electric vehicle charging point shall be installed prior to commence of the use, and maintained thereafter.

In the interests of sustainability.

In determining this application, the Local Planning Authority has had regard to the following Development Plan Policies:

Sevenoaks District Local Plan - Policies EN1, VP1, EP8 , EB1

Sevenoaks District Core Strategy 2011 - Policies LO1, LO6, SP1, SP2,  SP8, SP9, SP11 NPPF

The following is a summary of the main reasons for the decision:

The scale, location and design of the development would respect the context of the site and enhance the visual amenities of the locality.

The traffic movements generated by the development can be accommodated without detriment to highway safety.

The development would not have a detrimental effect on residential amenity

The proposal would provide an adequate level of parking provision

Although there would be a loss of employment land ,there would be an increase in the number of jobs

There would be planning benefits to Edenbridge in the increased retail choice provided by the development.

Informatives

1)    Underwater fuel storage should be undertaken in accordance with the Environment Agency's Ground Water Protection: Policy and Practice (GP3) and with the Association for Petroleum and Explosives Administration document: Guidance for Design, Construction, Modification, Maintenance and Decommissioning of Filling Stations. The Environmental permitting Regulations make it an offence to cause or knowingly permit any discharge that will result in the input of pollutants to ground or surface waters.

2)    The applicant will be required to enter into a Section 278 agreement with the Highway Authority in order to undertake any works on the public highway.

3)    Please be aware that this development is also the subject of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990.

(Cllr. Walshe arrived during the beginning of the presentation and speakers for this application and did not vote on this matter.)

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