Agenda item

Report No: DEV/FH/15/031

Erection of Class A1 retail store, associated access, car parking, landscaping and boundary treatment. Refurbishment of Matthew's Nursery shop including change of use to A1, A2 or A3 and creation of hard landscaped area between shop and High Street (demolition of 12 High Street, glasshouses and associated structures). (Major Development) (Departure from the Development Plan) without compliance with conditions 2, 6 and 7 of F/2010/0338/FUL to enable commencement of works prior to discharging conditions

Planning Application DC/15/0530/VAR - Erection of Class A1 retail store, associated access, car parking, landscaping and boundary treatment. Refurbishment of Matthew's Nursery shop including change of use to A1, A2 or A3 and creation of hard landscaped area between shop and High Street (demolition of 12 High Street, glasshouses and associated structures). (Major Development) (Departure from the Development Plan) without compliance with conditions 2, 6 and 7 of F/2010/0338/FUL to enable commencement of works prior to discharging conditions.

This application had been referred to the Development Control Committee because it was a major application which Lakenheath Parish Council objected to.

Officers were recommending that the application be approved as set out in Paragraph 23 of Report No DEV/FH/15/031.

The Senior Planner advised the Committee that when Conservation Area consent was granted for the demolition of the glasshouses and associated structures on the site, two conditions were imposed on the consent.  As that consent had now lapsed and the demolition was now covered by the current variation application, it was therefore necessary to re-impose those two conditions and they would be added to the list within Paragraph 23.

Furthermore, it was also necessary to vary the Section 106 agreement that was agreed previously, in order to reflect the current variation application.

Councillor Louise Marston made reference to the current condition of the site and asked if planning consent could in anyway be conditioned to ensure that the site was tidied up as a matter of urgency.  The Service Manager (Planning – Development) explained that it could not be conditioned as part of the application but she made reference to Paragraph 20 of the report which explained that enforcement action could be taken by the Council, if deemed necessary.

In response to queries made with regard to the access to the site the Service Manager (Planning  - Development) reminded Members that the access had been approved by the Committee at the outline stage of the application and was not up for debate or re-determination.

Councillor David Bowman proposed that the application be approved, as per the Officer recommendation and with the additional conditions as identified, this was duly seconded by Councillor Peter Ridgwell and with 12 voting for the motion, 1 against and with 1 abstention, it was resolved that:

Planning permission be GRANTED subject to the variation of the Section 106 agreement and the following conditions:

1.   Time limit

2.   Compliance with approved plans

3.   Details of materials as agreed (under DCON(1)/10/0338)

4.   Details of existing, proposed and finished floor levels across the site as agreed (under DCON(1)/10/0338)

5.   Details of hard landscaping to be submitted and agreed

6.   Soft landscaping, including schedule of all plants to be planted and retained, as agreed (under DCON(1)/10/0338)

7.   Details of boundary treatment as agreed (under DCON(1)/10/0338)

8.   Tree retention and protection during construction as set out in Townscape Assessment

9.   Archaeological investigation & recording

10.        Details of fire hydrant provision to be agreed

11.        Comparison goods not to exceed 127sq m of floor space

12.        Restrict opening hours to 06.00-23.00 Mondays to Saturdays and 09.00-17.00 Sundays (subject to comments from Environmental Services)

13.        Restrict delivery times; 07.00 – 20.30 Mon – Fri, 08.00 – 19.30 Saturdays and 09.00 – 14.00 on Sundays and bank holidays (subject to comments from Environmental Services)

14.        Restrict loading and unloading times; 07.00 – 20.30 Mon – Fri, 08.00 – 19.30 Saturdays and 09.00 – 14.00 on Sundays and bank holidays

15.        Restrict movement of wheeled cages outside the store; 07.00 – 22.00 Mon – Fri, 08.00 – 21.00 Saturdays and 09.00 – 16.00 on Sundays and bank holidays

16.        Details of acoustic fencing to be submitted and agreed

17.        Restrict construction times to 8am – 6pm Mon – Fri and 9am-1.30pm on Saturdays only

18.        Hours of use of the new occupier of the existing Matthews Nursery Building (A1, 2 or 3) to be agreed in writing

19.        Construction management plan as agreed, and implemented, to control/mitigate against dust and noise during the construction process. (under DCON(1)/10/0338)

20.        AL4 – access laid out and completed

21.        V3 – visibility splays provided

22.        GTP1 – travel plan to be agreed

23.        P1 – parking and manoeuvring provided

24.        Scheme for surface water drainage as agreed (under DCON(3)/10/0338)

25.        Contamination investigation and remediation as agreed (under DCON(4)/10/0338)

26.        Verification report demonstrating completion of works set out in remediation strategy

27.        Contamination found during development and remediation

28.        Piling or other penetrative methods for foundations not permitted unless agreed

29.        Scheme of pollution control to the water environment including foul water drainage as agreed (under DCON(3)/10/0338)

30.        Landscape management plan as agreed (under DCON(1)/10/0338)

31.        The development shall secure a minimum of 10% of its energy from decentralised and renewable or low carbon sources, as agreed (under DCON(5)/10/0338)

32.        Details of all external lighting, including within the car parks, to be submitted and agreed prior to first use of the store.

33.        Details of the method to be used to prevent trolleys being taken out of the car park shall be submitted to, and agreed in writing

34.        Details of the number, design and location of refuse storage bins and trolley parking bays to be provided within the car park shall be submitted to and agreed in writing

35.        Details of the refuse storage provision to be made within the service yard shall be submitted to and agreed in writing cycle provision to be provided and retained as shown

36.        No barriers or gates preventing vehicular access to the car park to be installed at any time

37.        Prior to the demolition of the extension attached to the existing Matthews Nursery building, details of how the rear elevation will be made good shall be submitted to and agreed in writing with the Local Planning Authority. All making good shall then be carried out in accordance with the agreed details prior to the building being brought into use

38.        There shall be no grubbing out of foundations or significant grounds works associated with the demolition of above-ground structures.

Speaker: Ms Louise Ford (agent) spoke in support of the application.