Agenda item

Erect retail development comprising five units (Use Classes A1, A3 and A5) with associated car parking, servicing arrangements, landscaping and groundworks.

The committee considered an application to erect a retail development comprising five units (Use Classes A1, A3 and A5) with associated car parking, servicing arrangements, landscaping and groundworks.

The Senior Planning Officer advised that this application had been considered by the Committee in March 2021 with a recommendation to delegate authority to the Head of Planning.  A decision had not yet been issued due to discussions in relation to the Section 106 Agreement and amendments had also been made in the meantime that were before the committee today.

Members were given a presentation of the application  with a key amendment that the terrace of 3 units was proposed to be separated into two with units 2 and 3 adjoined and unit 4 as a standalone unit that would come forward when an occupier was found.  There was also reconfiguration of the internal road layout meaning that delivery vehicles would be required to reverse back in order to access Unit 4.

The key planning matters were outlined including:-

• Amendments to previous scheme
• Residential amenity
• Visual amenity
• Highway safety

Late representations, an additional condition and amendments to conditions  outlined in the update sheet circulated to the committee before the meeting were also outlined by the Senior Planning Officer during her presentation. 

The Technical Officer read out the public written representations that are attached to these minutes, in addition to the update sheet.

The Highways Officer commented that lorry access to unit 4 could be achieved either by reversing or using the turning head to the west of the units that remained unchanged as a result of the revised scheme.  The developer was willing to put in place the alterations in mitigation of the issues raised by the South Western Ambulance Service subject to the consent of the landowner.  This was a private matter and the applicant had stated in writing that they were willing to provide this mitigation subject to the landowner’s approval.

Members expressed concern regarding the noise from lorries reversing outside of the curfew given the proximity of residential properties and also the request from SWAST being met.

The Highways Officer reiterated that the applicant was willing to fund improvements to Souter Way subject to the consent of the landowner. 

The Senior Planning Officer confirmed that conditions would restrict the times that lorries could reverse to unit 4 and that a noise management plan would be in place for the units.

Members noted that 32 car charging points were included in the application and a request was made for these to be rapid charging points.  They were also informed that a condition for a landscaping scheme included additional planting along the boundary with the residential properties as well as an acoustic wooden fence.

Members considered this to be an important development for the town.

Proposed by Cllr Louie O’Leary, seconded by Cllr Kate Wheller.

The Committee was minded to delegate authority to the Head of Planning to grant the application subject to the conditions, including the new and amended conditions contained in the update sheet.

The Service Manager – Development Management and Enforcement, having considered the representations and the officer’s presentation and having taken into account the views of the committee made the following decision under delegated authority.

Decision of the Service Manager:

(A) That authority be delegated to the Head of Planning to grant, subject to consultation with the Secretary of State to understand if they intend to issue a direction under section 77 of the Town and County Planning Act 1990 in respect of this application, the completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure a sustainable transport contribution of £144,042.02 and subject to the conditions outlined in the appendix to these minutes.

(B) That authority be delegated to the Head of Planning to refuse permission for the reasons set out below if the Secretary of State does not call in the application but the Legal Agreement is not completed within 6 months of the committee resolution or such extended time as agreed by the Head of Planning:

1. In the absence of a satisfactory completed Section 106 agreement the scheme fails to ensure provision of a financial contribution for sustainable transport. Hence the scheme is contrary to paragraph 110 of the National Planning Policy Framework and COM7 of the West Dorset, Weymouth and Portland Local Plan 2015