Agenda item

Variation of Condition 11 (Delivery hours) of planning permission 13/00520/FUL to allow delivery hours to be between 06:00-21:00 on Monday's to Saturday's and between 08:00-21:00 on Sundays for a temporary 1 year period.

Description

Variation of Condition 11 (Delivery hours) of planning permission 13/00520/FUL to allow delivery hours to be between 06:00-21:00 on Monday's to Saturday's and between 08:00-21:00 on Sundays for a temporary 1 year period.

Decision

Variation of Condition 11 PERMITTED subject to the following

Part A

Subject to a new legal agreement (under the same terms as the extant agreement) being completed and signed by 12th July 2019:

The Committee authorise the Head of Planning to grant planning permission subject to the conditions detailed below.

Part B

In the event the S106 Agreement referred to in Part A is not completed by 12 July 2019, the Head of Planning be authorised to refuse the application for the following reason:

In the absence of a completed legal agreement under section 106 of the Town and Country Act (as Amended) the applicant has failed to comply with Policy CS6 of the Core Strategy 2007

Conditions:

(1)            The variation hereby permitted shall commence within 3 months of the permission being granted, expiring on 12th July 2020.

Reason: To enable the Council to re-assess the impact of the extended delivery hours on the amenity of Flats No 7 and 8 Kingston Court in accordance with Policies DM10 of the Development Management Policies 2015.

(2)            Details and samples of materials used in the development shall be in accordance with the materials samples and details approved under application 13/01717/COND dated 10 June 2014

Reason To enable the Local Planning Authority to exercise control over the type and colour of the materials so as to secure a satisfactory appearance in the interests of the visual amenities and character of the locality as required by Policy DM9 and DM10 of the Development Management Policies Document 2015 and CS5 of the Core Strategy (July 2007).

(3)            Hard and Soft Landscaping  shall be in accordance with the materials samples and details approved under application 13/01360/COND dated 18 June 2014

Reason To ensure the provision and maintenance of landscaping as required by Policy DM5 and DM10 of the Development Management Policies Document 2015 and CS5 of the Core Strategy (July 2007).

(4)            The tree protection measures shall be accordance with the  Arboricultural Method Statement and Tree Protection Plan by Barrell Tree Consultancy dated September 2013 approved under application 13/01717/COND dated 10 June 2014

Reason: To ensure satisfactory protection of trees in the interest of amenity as required by policy DM5 of the Development Management Policies Document 2015

(5)            The acoustic fence shall be erected in accordance with the details approved under application 13/01717/COND dated 10 June 2014

Reason: In order to safeguard against the emission of noise and protect the amenities of the occupants of the proposed development as required by Policy DM10 of the Development Management Policies Document 2015

(6)            The retail element of the scheme hereby permitted shall be used only for purposes within Use Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

Reason: In order to sustain the viability and vitality of the Ruxley Lane Secondary Town Centre shopping area as required by Policy DM30 of the Development Management Policies Document 2015

(7)            (No tobacco products, loose confectionary, greeting cards, lottery tickets or scratch cards shall be sold from the premises at any time.

Reason: To ensure that the nature of the retail store remains complimentary to the role and function of existing convenience retailers, and sustains and enhances the vitality of the Ruxley Lane Secondary Town Centre in accordance with Policy DM30  of the Development Management Policies Document 2015

(8)            The store shall at no time include a delicatessen counter, in-house bakery, fish counter or meat counter from which products are sold.

Reason: To ensure that the nature of the retail store remains complimentary to the role and function of existing convenience retailers, and sustains and enhances the vitality of the Ruxley Lane Secondary Town Centre in accordance with Policy DM30  of the Development Management Policies Document 2015

(9)            At least 80% of the net sales floorspace hereby permitted shall only be used for the sale of convenience goods, toiletries and non-durable household goods.

Reason: To ensure that the development meets the identified need in Epsom for a supermarket in accordance with Policy DM30 of the Development Management Policies Document 2015

(10)        The retail units hereby permitted shall not be open to customers outside the hours of 08:00 to 22:00 on Mondays to Saturdays and 10:00 to 16:00 on Sundays.

Reason: To ensure that the proposed development does not prejudice the enjoyment of neighbouring occupiers of their properties as required by Policy DM10 of the Development Management Policies Document 2015

(11)        Between 12th July 2019 and the 12th July 2020, no service vehicles shall arrive or depart from the retail unit outside the hours of 06:00 to 21:00 on Mondays to Saturdays or 08:00 to 21:00 on Sundays. 

From the 13th July 2020, no service vehicles shall arrive or depart from the retail unit outside the hours of 06:00 to 21:00 on Mondays to Saturdays or 08:00 to 17:00 on Sundays.

Reason: To prevent service deliveries at night, thereby protecting the amenity of nearby residential properties and to reduce the number of large service vehicles in the Ruxley Lane Secondary Town Centre during the busiest peak hours, to comply with Policy DM10 of the Development Management Policies Document 2015 and CS16 of the Core Strategy 2007

(12)        No home delivery service shall be carried out from the development hereby permitted without the prior consent of the Local Planning Authority.

Reason: In order that the Local Planning Authority can be satisfied with the effect of any such service on the operation of the service yard and on traffic generation in order that the development should not prejudice highway safety nor cause inconvenience to other highway users and to accord with the provisions of Policy CS16 of the Core Strategy 2007

(13)        The level of noise from all fixed plant installed on the site shall not exceed 35dB LAeq 5 minutes between the hours of 23:00 - 07:00 and 40 dB LAeq 1 hour between 07:00 - 23:00. All relevant determinations shall be made at the boundary of the nearest noise-sensitive property.

Reason: In order to safeguard against the emission of noise and protect the amenities of the occupants of the proposed development as required by Policy DM10 of the Development Management Policies Document 2015

(14)        Any air conditioning, ventilation, refrigeration or other plant or equipment shall be  installed in accordance with the noise attenuation details approved under application 14/01727/COND dated 10 April 2015

Reason: In order to safeguard against the emission of noise and protect the amenities of the occupants of the proposed development as required by Policy DM10 of the Development Management Policies Document 2015

(15)        The service area and waste management plan shall be kept in operation in accordance with the details approved under application 13/01360/COND dated 18 June 2014

Reason: In order that the development should take into account the need to minimise the dispersal of waste and facilitates the collection of recyclable waste in accordance with the provisions of Policy CS6 of the Core Strategy 2007

(16)        All refuse shall be stored in lidded containers and in a well-ventilated area in accordance with details approved under application 13/01360/COND dated 18 June 2014

Reason: To secure a satisfactory form of development in the interests of the amenities of the occupiers of the adjoining properties as required by Policy DM10 of the Development Management Policies Document 2015

(17)        Floodlighting, street lighting or car park lighting shall be carried out in accordance with the approved details and retained thereafter in accordance with details approved under application 13/01360/COND dated 18 June 2014

Reason: In order to minimise light pollution in accordance with Policy CS6 of the Core Strategy 2007

(18)        The retail area hereby permitted shall not be subdivided at any time to form separate sales units without the prior permission of the Local Planning Authority.

Reason: In order that the Local Planning Authority can be satisfied that the development meets the need in Epsom for a supermarket in accordance with Policy DM30 of the Development Management Policies Document 2015

(19)        Signage shall be erected and maintained in accordance with details approved under application 13/01717/COND dated 18 June 2014

Reason: In order that car parking provided within the development site is efficiently used to the benefit of all town centre users in accordance with Policy CS16 of the Core Strategy 2007

(20)        Car parking and store surveillance shall be carriedout in accordance with the details approved under application 14/01727/COND dated 10 April 2015

Reason: In the interests of safety in accordance with Policy DM10 of the Development Management Policies Document 2015

(21)        The car park shall be managed as a short-stay shoppers' car park, in accordance with a Management Plan  approved under application 14/01727/COND dated 10 April 2015

Reason: In order that car parking provided within the development site is efficiently used to the benefit of all town centre users, in accordance with Policy CS16 of the Core Strategy 2007.

(22)        Prior to the occupation of the development (other than as necessary in order to create access), the proposed vehicular access to Kingston Road shall be constructed and provided with visibility zones in accordance with the approved plans. The accesses shall be maintained to a specification to be agreed in writing with the Local Planning Authority and the visibility zones shall be kept permanently clear of any obstruction.

Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users and to accord with the provisions of Policy CS16 of the Core Strategy 2007

(23)        Before the development hereby permitted is first occupied, the existing residential accesses from the site to Kingston Road shall be permanently closed and any kerbs, verge and footway fully reinstated in a manner to be agreed in writing with the Local Planning Authority.

Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users and to accord with the provisions of Policy CS16 of the Core Strategy 2007

(24)        The development shall not be occupied until space has been laid out within the site in accordance with the approved plans for 70 cars and a minimum of 26 cycles to be parked and for the loading and unloading of Heavy Goods Vehicles and for vehicles to turn so that they may enter and leave the site in forward gear. The parking/turning areas shall thereafter be kept available at all times for their designated use.

Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users and to accord with the provisions of Policy CS16 of the Core Strategy

(25)        The development should be undertaken in accordance with the Construction Transport Management Plan approved under application 13/01717/COND dated 18 June 2014

Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users and to accord with the provisions of Policy CS16 of the Core Strategy 2007

(26)        The movement of materials in bulk to or from the site are commenced facilities shall be provided in accordance with details  approved under application 13/01717/COND dated 8 June 2014

Reason: To ensure that the development does not prejudice the free flow of traffic and condition of safety on the highway nor cause inconvenience to other highway users as required by Policy CS16 of the Core Strategy 2007

(27)        Construction work on the site that is audible at the site boundary shall be carried out only between the hours of 08:00 to 18:00 on Mondays to Fridays and 08:00 to 13:00 on Saturdays and at no time on Sundays or Bank Holidays.

Reason: In order to safeguard against the emission of noise and protect the amenities of the occupants of the proposed development as required by Policy DM10  of Development Management Policies Document 2015

(28)        The developers shall give at least two weeks' notice to Surrey County Council's Principal Archaeologist of their intention to start work on the site, and shall afford access at all reasonable times to any qualified person nominated by the Local Planning Authority, so that they shall have the opportunity to observe any works involving disturbance of the ground, and record any items of archaeological interest.

Reason: It is possible that minor items or features of archaeological interest will be disturbed in the course of the development, and these should be rescued or recorded before they are lost, as required by Policy DM8 Development Management Policies Document 2015

(29)        The development shall be carried out in strict accordance with the sustainability measures approved under application 13/01717/COND dated 18 June 2014

Reason: To ensure that measures to make the development sustainable and efficient in the use of energy, water and materials are included in the development and to comply with policy CS6 of the Core Strategy (July 2007).

(30)        The renewable energy installation as required by condition 29 shall be installed and operational prior to the first occupation of the building. The development shall be carried out in strict accordance with the approved details, shall be maintained as such thereafter and no change shall take place without the prior written consent of the Local Planning Authority. The measures shall include the installation of a meter to monitor the energy output from the approved renewable energy system.

Reason: In order to promote sustainable construction and to ensure that the Local Planning Authority may be satisfied that the 10% target is met in accordance with Policy CS6 of the Epsom and Ewell Core Strategy (July 2007).

(31)        The applicant shall implement the approved travel plan as approved under application13/01717/COND dated 18 June 2014

Reason: In order that the development should reduce reliance upon the private car and meet the objectives of Policy CS16 of the Core Strategy (2007).

(32)        The first floor windows in the north west flank elevation shall be glazed with obscure glass and shall be so maintained.

Reason: To safeguard privacy of the occupants of adjoining properties as required by Policy DM10 of the Development Management Policies Document 2015

(33)        The development hereby permitted shall be carried out in accordance with the following documents:

•         Design and Access Statement

•         Planning and Retail Assessment

•         Statement of Community Involvement

•         Sustainability Checklist

•         Sustainability Statement

•         Geo-Environmental Desk Study

•         Phase 2 Land Contamination Details

•         Drainage Strategy

•         Environmental Noise Report

•         Transport Assessment

•         Travel Plan

•         8747-106 B

•         8747-107 A

•         8747-108B

Reason: For the avoidance of doubt and in the interests of proper planning as required by Policy CS5 of the Core Strategy 2007.

(34)        A Delivery Management Plan shall be submitted to, and approved in writing (within 30 days of temporary planning permission being granted) by the local planning authority. Thereafter deliveries to the foodstore shall be carried out in accordance with the approved Delivery Management Plan

Reason: To safeguard the amenity of the occupants of adjoining properties as required by Policy DM10 of the Development Management Policies Document 2015

Informative:

(1)            In dealing with the application the Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way.  We have made available detailed advice in the form or our statutory policies in the Core Strategy, Supplementary Planning Documents, Planning Briefs and other informal written guidance, as well as offering a full pre-application advice service, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably.