Report to: Planning Committee Date of Meeting: 13 July ... · Recommendation Approve with Conditions Implementation Date for the Decision Immediately following the Committee meeting

Report to: Planning Committee Date of Meeting: 13 July 2016

Subject: DC/2016/00737Former Maghull Library And Youth Centre, Liverpool Road North, Maghull,

Proposal: Variation of conditions 2, 3, 5 and 15 pursuant to planning application DC/2015/02016 approved 12 February 2016 for the erection of a single storey building to be used as a food store (A1 retail use), with associated car parking, servicing and landscaping after demolition of existing building – to lower the floor level of the service yard area, relocation of proposed delivery bay and plant equipment and changes to the car park layout.

Applicant: Netto Ltd Agent: Mr Andrew Astin

Indigo Planning

Report of: Head of Planning Services Wards Affected: Park Ward

Is this a key decision? No Is it included in the Forward Plan? No

Exempt/Confidential No

Summary The proposal seeks to make some operational changes to the supermarket for which planning permission was granted in February 2016. The issues relate to the impacts on residential amenity and whether or not the revised car parking layout gives rise to significant concerns in respect of highway safety.

Having reviewed the changes, the Chief Planning Officer recommends that a fresh Section 73A planning permission be granted with conditions revised to reflect both the changes and a number of planning conditions that have been discharged subsequently.

Recommendation

Approve with Conditions

Implementation Date for the Decision

Immediately following the Committee meeting

Contact Officer: Steve Matthews Tel: 0345 140 0845 (Option 4)

Case Officer: Steve Faulkner Tel: 0345 140 0845 (Option 4)

Email [email protected]

Background PapersThe full planning application including all supporting documents, plans and reports can be viewed at http://pa.sefton.gov.uk/online-applications/

http://pa.sefton.gov.uk/online-applications/

The Site

The site is the former Maghull Library, youth centre and tennis courts at the junction of Liverpool Road North and Stafford Moreton Way. The area is characterised by a mix of commercial uses, including another supermarket and a health centre to the north, mixed commercial units on the opposite side of Liverpool Road North, and residential dwellings in the form of no. 20 Liverpool Road North to the south and the Beechcroft retirement apartments to the east.

The area is largely of two storey character and the site rises from Liverpool Road in an easterly direction. The undeveloped part of the site is largely grassed over.

The site can also currently be accessed from Stafford Moreton Way. Proposal

Variation of conditions 2, 3, 5 and 15 pursuant to planning application DC/2015/02016 approved 12 February 2016 for the erection of a single storey building to be used as a food store (A1 retail use), with associated car parking, servicing and landscaping after demolition of existing building – to lower the floor level of the service yard area, relocation of proposed delivery bay and plant equipment and changes to the car park layout.

History

Applications DC/2015/02016 – Erection of a single storey building to be used as a food store (A1 retail use), with associated car parking, servicing and landscaping after demolition of existing building – approved 12 February 2016.

DC/2016/00501 – Advertisement consent for display of various illuminated and non-illuminated signs – approved 10 May 2016.

Various applications have also been submitted to discharge a range of planning conditions in connection with the above application:

DC/2016/00489 – Approval of details reserved by conditions 15, 16 and 22 – approved 26 May 2016.

DC/2016/00647 – Approval of details reserved by condition 20 – approved 13 May 2016.




DC/2016/00862 – Approval of details reserved by conditions 3, 7 and 8 – approved 20 June 2016.

DC/2016/00889 – Approval of details reserved by condition 19 – pending but may be determined prior to Planning Committee meeting.

Consultations

Highways Development Design

No objections.

Environmental Services

I am only able to comment on condition 15 as 2, 3 and 5 are outside my remit.

I have no objection to this proposal, subject to the following being implemented: the works are carried out as identified in the ‘Airtight Noisecheck report Job no: 14675 – Netto – Maghull’ so that the Luvato MN199956 coolers, with a sound pressure level of 41dBA at 1 metre, are located externally and the two Mitsubishi PUHZ-RP250YKA air conditioning units are located internally within the delivery bay that will have the façade constructed of Kingspan Cladding system KS1000FL. The timber fence along the southern edge of the site should be constructed as shown in ‘Hadfield Cawkwell Davidson job no: 2015-080 Maghull a-pl-103xg - proposed site plan’.

The fence should still be constructed as per the approval for discharge of condition 15 given approval under DC/2016/00489 (Hadfield Cawkwell Davidson drawing number A-90-003 dated March 2016 revision *). This was in relation to DC/2016/00489, which corresponded to our ref 266497 and a memo from Jodie Richardson dated 17th May 2016.

Neighbour RepresentationsLast date for replies: 24 May 2016Site notice and press notice expires 22 June 2016

Letter received from 15 Beechcroft, Stafford Moreton Way also signed by nos. 5, 10, 14, 18, 20, 33 and 34.

The relocation of the cooling system is of grave concern to residents who may be affected and will be working 24 hours a day, 365 days of the year. It is suggested that it be repositioned where the privet hedge finishes away from residential properties.

A letter has also been received from 2 Hall Lane, Lydiate:

I still object to this proposal for the same reasons nothing will change my mind, the area is too congested , the road is still busy , the store still will not make a positive impact on the town I still want Maghull to have some style and aspirations Netto is not the answer why not use the area for housing ?

Policy

The application site is situated in an area allocated as District Centre on the Council’s Adopted Unitary Development Plan and in the Local Plan Proposed Modifications Draft.

The following policies apply:

Sefton UDPAD2 Ensuring Choice of Travel DQ1 Design EP6 Noise and Vibration

Local Plan Proposed Modifications Draft (June 2016)EQ2 Design (significant weight)EQ3 Accessibility (significant weight)EQ4 Pollution and Hazards (full weight)

The draft policies above were subject to discussion at the recent Local Plan Examination and have been given weight in forming this recommendation.

Whilst changes may subsequently be made to a number of these policies, particularly where there are remaining objections, or where the Inspector has indicated he needs to give them further consideration, those with no objections or modifications may be considered to carry full weight.

Comments

Following the receipt of planning permission the applicants have sought to make some minor material amendments to their planning application. The principle of development has been accepted already via DC/2015/02016 and the applicant has sought to discharge a number of relevant planning conditions.

The proposed changes are as follows:

- Lowering of service yard floor level by 0.97 metres,- Delivery bay to be re-positioned within the service yard,

- Proposed plant to be moved a further 3 metres towards nearby residential properties,

The changes were originally considered under DC/2016/00571 as a non-material amendment but this request was refused on the basis that it was felt that residents should receive the opportunity to make formal comments on these changes and the objection that has been received from residents of Beechcroft reinforces this view.

The proposed changes are not considered to have any adverse impact on the amenity of adjoining residents, and have been agreed with colleagues in Highways Development Design and Environmental Protection.

Moreover, the reduced level of the service yard eliminates any requirement for a tail lift on delivery wagons which will increase the speed of deliveries and eliminate noise created whilst the tail lift is in operation.

The request of Beechcroft residents of an alternative location for plant is noted but it has been demonstrated to the satisfaction of the Chief Planning Officer that there will be no harm arising from the revised position proposed. Indeed, the redesign of the service yard will enable the noise resulting from plant to be lowered. The comments of the resident at Hall Lane are also noted but there are no new material circumstances aside from the additional weight to be given to Local Plan policies that would justify refusing planning permission.

Having regard to the above it is therefore recommended that planning permission be granted with modifications to the conditions requested and with modifications to reflect the conditions already dealt with.

If the application for condition 19 is determined it will be confirmed by late representation and the wording of the condition in the recommendation modified accordingly.

Recommendation Approve with Conditions

This application has been recommended for approval, the following conditions and associated reasons apply:

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

Reason: To comply with Section 91 (as amended) of the Town and Country Planning Act 1990.

2) The development hereby granted shall be carried out strictly in accordance with the following approved plans:

Visual SK010-ADrainage Plan 15244-01 P3Site plan A-PL-102-BLocation Plan A-PL-101-BSite plans A-PL-103-GLayout A-PL-104-ERoof Plan A-PL-105-ESections A-PL-106-EElevations A-PL-107-E

Reason: To ensure a satisfactory development.

3) No part of the development shall be brought into use until the required highway improvement works as approved by DOCS/2016/00862 have been completed.

Reason: In the interests of highway safety.

4) No part of the development shall be brought into use until areas for vehicle parking, turning and manoeuvring have been laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and these areas shall be retained thereafter for that specific use. Reason: In the interests of highway safety and to accord with policies CS3 and DQ1 in the in the Sefton Unitary Development Plan 2006

5) No part of the development shall be brought into use until cycle parking have been provided in accordance with the approved planning drawing reference A-PL-103-G and these facilities shall be retained thereafter for that specific use.


6) The provisions of the Travel Plan hereby approved shall be implemented and operated in accordance with the timetable contained therein at all times.


7) The measures approved by DOCS/2016/00862 to ensure that mud and other loose materials are not carried on the wheels and chassis of any vehicles leaving the site and measures to minimise dust nuisance shall be implemented throughout the period of construction.


8) The provisions of the Construction Traffic Management Plan approved by DOCS/2016/00862 shall be implemented in full during the period of construction.


9) Unless otherwise agreed in writing, no part of the development shall be occupied until amendments to the Traffic Regulation Order (TRO), namely waiting restrictions on Liverpool Road North and at the access road to the development site has been made and implemented in full.

10) The provisions of the Car Parking Management Plan approved by DOCS/2016/00727 shall be implemented and strictly adhered to at all times.


11) No tree, shrub or hedgerow felling, or any vegetation management and/ or cutting operations shall take place during the period 1st March to 31st August inclusive unless they are carried out under the supervision of an appropriate qualified ecologist. If breeding birds are found to be present prior to or during such works, details of how they will be protected will be submitted to and approved in writing by the Local Planning Authority prior to any works either commencing or continuing.

Reason: To protect birds during their breeding season and to comply with Policy NC2.

12) a) Should any part of the development incorporate piling works or ground compaction, details of the works, proposed duration and hours of piling/ ground compaction and details of mitigation methods for the suppression of dust shall be submitted to and approved by the Local Planning Authority prior to work commencing on site.

b) Piling/ ground compaction works shall then be carried out in accordance with the details approved under (a) above.

Reason: To ensure that the amenities of nearby residents are not unduly harmed by noise and dust from piling/ ground compaction works and to comply with policies CS3 and EP6 of the Sefton Unitary Development Plan.

13) The premises shall not be open for business outside the hours of 0800 and 2200 Monday to Saturday and 1000 and 1600 on Sundays.

Reason: In the interests of residential amenity.

14) No servicing shall take place to the premises outside the hours of 0600 and 2200 Monday to Saturday and 0800 and 1900 on Sundays.


15) The fencing approved by DOCS/2016/00489 shall be erected prior to first opening of the store and once erected shall be retained thereafter.


16) The surface water drainage scheme approved by DOCS/2016/00489 shall be installed prior to first opening of the store and maintained thereafter.

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution.

17) Foul and surface water shall be drained on separate systems.

Reason: To secure proper drainage and to manage the risk of flooding and pollution.

18) The Reasonable Avoidance Measures agreed by DOCS/2016/00667 shall be carried out prior to the opening of the store or as per any other timetable as may be agreed by the approved document.

Reason: To safeguard conservation of species/ habitats.

19) a) Prior to demolition on site a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. This shall include as a minimum:

- Details of persons responsible;- Measures for the mitigation of noise, dust and vibration during the

construction process;- Process for update;- Forecast waste types (European Waste Codes recommended); and- Forecast waste arisings (tonnages), facilities/carriers and proposed waste

management option chosen; and Actual waste arisings (tonnages), facilities/carriers and waste management option chosen;

- Waste prevention, reduction and recycling actions; and- Process to ensure contractors/staff are aware of requirements (e.g. toolbox

talks).

b) The provisions of the Construction Environmental Management Plan approved under (a) above shall be implemented in full during the period of construction.

Reason: To safeguard the amenity of nearby occupiers during the construction period.

20) a) The trees approved under DOCS/2016/00647 shall be planted in the first planting and seeding season following the completion of the development hereby permitted or in accordance with a timetable to be agreed in writing with the Local Planning Authority.

b) Any trees or plants that within a period of five years after planting, are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or defective shall be replaced with others of a species, size and number as originally approved in the first available planting season.

Reason: In the interests of visual amenity.

21) The noise control scheme approved by DOCS/2016/00706 shall be implemented before the plant and machinery is brought into operation and the approved noise control measures shall thereafter be retained.

Reason: To prevent the emission of noise above a level that would be detrimental to the aural amenity of the area.

22) The external lighting scheme approved by DOCS/2016/00489 shall be implemented prior to first opening of the store and maintained thereafter.

Reason: In the interests of residential and wider visual amenity.

Drawing Numbers

Visual SK010-ADrainage Plan 15244-01 P3Site plan A-PL-102-BLocation Plan A-PL-101-BSite plans A-PL-103-GLayout A-PL-104-ERoof Plan A-PL-105-ESections A-PL-106-EElevations A-PL-107-E

Bat Survey, Acoustic Report, Travel Plan (revised January 2016), Flood Risk Assessment (revised January 2016), Drainage Report.

Existing Plan

Proposed Plan

Documents

Report to: Planning Committee Date of Meeting: 13 July ... · Recommendation Approve with Conditions Implementation Date for the Decision Immediately following the Committee meeting