To consider a report by the Head of Planning.
Minutes:
The
Committee considered an application - 6/2019/0443
– by ALDI Stores Ltd, for a proposal to erect a discount supermarket
(A1 use class), with 1802 square metres of gross floor space, of which 1315
square metres would be used as the retail area and the rest of the space used
for storage and staff facilities, with a bay for unloading deliveries being
constructed on the north eastern elevation, recessed into the ground, with the
lowest point being situated approximately 1.2m below the finished floor level
of the rest of the store.
The proposal included the formation of a new car park, which would
provide for 132 car parking spaces, two of which would provide an electrical
charging point, with 8 being designated as parking spaces for parents with
young children. The car park would also provide 4 parking spaces for disabled
users and 10 spaces for bicycles. The proposal also included a planting and
landscaping scheme for the car park.
A new access was also proposed as part of the development. A totem
sign was to be the subject of the advertisement of a separate advertisement
consent should the application be approved.
To complement the development, an agreement would need to be met to
monitor the use of the uncontrolled pedestrian crossing adjacent to the store
on Blandford Road North (B3068). If it was established over a five-year period
that there was sufficient pedestrian use of the crossing, an agreement would be
put in place for the applicant to upgrade the crossing to a traffic light controlled crossing. This would be achieved by means
of a Section 106 agreement.
As to the relevant planning history of the site, the land had been
used as an oil depot and garage for a number of years, but had been
derelict for some time over the recent past, so the development was seen to be
a means of making use of this brownfield site and going some way to providing
for the retail need in Upton which had been identified.
With
the aid of a visual presentation, officers provided context of what the
main
proposals, principles and planning issues of the development were; how
this
were to be progressed; how the development would address retail need in that
part of the county; and what this entailed. The presentation focused on
not
only what the development entailed and its detailed design, but what
effect
it would have on residential amenity, Upton town centre and the character the
area. Officers were obliged to
consider whether there were any alternative, suitable sites and whether the
development would be harmful to the viability of Upton town centre. Analysis of
evidence had indicated that, in both cases, it was their view that this would
not be the case. If the proposal had been considered to be
harmful to the viability and vitality of Upton, the generation of 30 full time
jobs would not be considered to carry significant weight to overcome the harm
that would be caused. As the proposal was considered not to be harmful to the
viability and vitality of Upton town centre, this was one of the reasons for
what was being recommended. Overall, the modest economic benefits were seen to
be acceptable and should be seen to be beneficial in contributing to economic
growth in that part of Dorset in particular and the
county in general. Moreover, this was the only discount store that was planned
to serve the Purbeck area as, currently, the nearest such alternative was to be
found in Poole.
Plans
and photographs provided an illustration of the location, orientation,
dimensions – form, bulk, size and mass - and
appearance of the development; how it would look – with contextual elevations /
visualisation and floorplans being provided for this purpose; the materials to
be used; the layout of the car park and
where trolley parks would be located; access and highway considerations; the
means of landscaping; where any pedestrian access would be situated; where the
road crossing point would be located; and its setting within the Upton and the
characteristics of that part of the town. Deliveries would be unloaded below
ground level, in a recessed bay, to ensure that any external noise would be
limited.
There
was seen to be some scope for a pedestrian link from the east, direct from the housing estate on the northern side of
Blandford Road North to the store, rather than it being necessary to
circumnavigate the perimeter, but no progress had been made on any solution to
this with the Town Council - as third party owners of the land - and whilst it might well be seen as a
desired line, it was not critical to the merits of the application, given that
there were acceptable alternative means of access.
Officers
showed the development’s relationship with the neighbouring residential estates
and how that access to the store might be achieved. Views into the site and
around it were shown, which provided a satisfactory understanding of all that
was necessary.
Officers considered that the proposed development would provide a clear
economic benefit to Upton and surrounding areas. The development would generate
30 full time equivalent jobs in the store. This was
considered to be a positive benefit to the area.
Given
all this, officers
considered that all material planning considerations had been addressed and were acceptable, with the development making best
use of previously developed land and would result in a positive
contribution to townscape. As such, members were now being asked to agree to what was being recommended.
Formal
consultation had resulted in Lytchett Minster and Upton Town Council not
objecting to, and accepting, the principle of the development but, amongst some
other practical suggestions, asked that vegetation be managed to improve sightlines so as to
improve what was being proposed. Similarly, Natural England and the Environment
Agency both raised no objection, in principle.
Dorset Council Highways Team had no objections, subject to the provision
of an uncontrolled pedestrian crossing and bus shelters, a layby and a right
turn lane being required. There were 372 third party representations
received, with 24 objecting to the proposal
- including one representing Lidl – and 310 in support.
The Committee were notified of those
written submissions received and
officers read these direct to the Committee
- being appended to these
minutes. Having heard what was said,
officers responded to some of the
pertinent issues raised, being confident
that, where applicable, each one could be addressed by the provisions of the
application.
The
Committee were joined by local Ward Councillors Bill Pipe and Andrew
Starr. Councillor Pipe welcomed what he
considered to be a much needed development to serve
the needs of the local population with any effect on local established
convenience stores being minimal. This store would offer the opportunity for
residents to be able to do a weekly sized shop in close
proximity to their homes. He was also supportive of the benefits for
employment and the economy.
Councillor Andrew Starr similarly supported
this development for the same reasons but asked that the vegetation be managed
to improve sight lines, the pedestrian access be made more user friendly and
felt that it was necessary to have a fully functioning light controlled
crossing available from the outset given the demographic profile of those
shoppers anticipated and their need for this facility.
The opportunity
was given for members to ask questions of the presentation
and
what they had heard, in seeking clarification of aspects so
as to have a
better
understanding in coming to a decision. Particular reference
was made to the appearance of the store; access arrangements; traffic
management and speed limit provision; how parking spaces were to be determined
and their layout; and what the requirement there was for the introduction of a
controlled pedestrian crossing. They asked officers to consider the application
of a barrier at the entrance to the car park to restrict use of the site
outside store operating hours and so as to deter such
use.
Officers
addressed the questions raised providing what they considered to be
satisfactory
answers. As well as clarifying aspects of the development of the store itself, in particular the Highways Advisor explained how the access
arrangements were designed to operate and the safety issues that had been
addressed in doing this. He was of the view that the quality of the proposed
pedestrian access around the perimeter of the site could be improved so that it
was of a suitable standard to all users. Any direct access - as had been
suggested from the north eastern direction - was not able to be addressed by
this application given the current ownership issues, but
could be addressed - should any future negotiations be necessary - through a
separate application.
Moreover,
in particular, officers clarified that there was a need for evidence of use to
be gathered and analysed before consideration could be given and it determined
to whether a light controlled crossing was justified or whether the pedestrian
refuge which currently existed would suffice and that this evidence could only
come after the store had opened and was being used. Members were assured that
the s106 agreement provided for a commitment from Aldi to apply those enhanced
measures if necessary.
Officers
considered that the request for a barrier was acceptable and could be
accommodated – by condition - to address any potential unauthorised activity in
addressing those concerns Members raised.
Whilst
some members maintained their reservations at what access arrangements were
being proposed and how, seemingly, these could not necessarily be enhanced as
they would have liked, the general view was that the development was acceptable
and would contribute quite significantly to both employment opportunities and
economic growth in the area and would be an asset in meeting local retail
needs.
Having had the opportunity to discuss the merits
of the application, having
understood what was being proposed and the
reasoning for this; having taken
into account the officer’s report and
presentation, the written representations;
and what they had heard at the meeting, and having
received satisfactory
answers to questions raised, the Committee were
satisfied in their
understanding of what the proposal entailed and
the reasoning for this and, on
that basis - and being proposed by Councillor
Robin Cook and seconded by
Councillor Shane Bartlett - on being put to the
vote, the Committee unanimously agreed that the application should be approved,
subject to the conditions set out
in paragraph 17 of the report; and taking into account the addition of a condition to provide
for a vehicle height barrier upon entry to the site; and the application of a
s106 agreement for the provision of a controlled pedestrian crossing, as
necessary.
Resolved
That
the grant of planning permission, in respect of application 6/2019/0443,
be delegated to the Head of Planning, subject to the
completion of a legal agreement under Section 106 of the Town and
Country
Planning Act 1990 (as amended), in a form to be agreed by the
Legal Services Manager to secure the following:-
-
a monitoring agreement requiring at least annual surveys for the
first five years
after the store has opened to establish whether the
pedestrian crossing will need to be
upgraded to a signal controlled crossing.
and subject
to the conditions contained in paragraph 17 of the report with an additional
condition in respect of:-
-
details
of a vehicle barrier to be installed at the entrance must be submitted to the
Local Planning Authority prior to the store opening to the public. The barrier
must be installed before the store is opened to the public and permanently
retained in accordance with the details. The barrier must be closed when the
store is not open to members of the public.
Reason: In the interests of security and
anti-social behaviour.
and the inclusion of the Informative Note
- The applicant should carefully consider the management of deliveries on the
site.
Reasons
for Decision
Para
14 of the National Planning Policy Framework (NPPF) sets out that
permission
should be granted for sustainable development unless specific
policies
in the NPPF indicate otherwise
• The location is considered
to be sustainable and the proposal is
acceptable
in its design and general visual impact.
• There is not considered to be any
significant harm to neighbouring
residential
amenity.
• There are no material considerations which
would warrant refusal of this
application
• The proposal is not considered to harm the
viability or vitality of either
Upton
or Poole Town Centres.
Supporting documents: