Agenda item

APP/11/00051 - Land bounded by Claughton Road, St John Street, Grange Road, Exmouth Street, Catherine Street and Oliver Street, Birkenhead, Wirral CH41 6EB - Erection of foodstore and associated car parking. Amended proposal without compliance with Condition 11 of planning permission APP/2010/01052 to allow servicing of the store to take place between 6am and 10pm Monday to Saturday, and 6am and 6pm on Sundays.

Minutes:

The Director of Technical Services submitted the above application for consideration.

 

It was moved by Councillor Stuart Kelly and seconded by Councillor James Keeley that the application be refused on the grounds that it would contravene PPS24: Planning and Noise in that the changes would go beyond the window that is outlined in PPS24 as the time when people would normally be sleeping (2300 to 0700).

 

The motion was put and lost (4:8).

 

On a motion by Councillor Dave Mitchell and seconded by Councillor Denise Realey it was:

 

Resolved (8:4) – That the application be approved subject to the following conditions;

 

1. The development to which this permission relates must be begun not later than the 9th October 2010.

 

2. No development shall commence until details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority.  The details shall include the construction of a sample panel of proposed brickwork and pointing on site.  The development shall be carried out in accordance with the approved materials and sample panel detailing.  The approved sample panel shall be retained on site until removal is authorised by the local planning authority.

 

3.Development shall not commence until a scheme for the provision of cycle parking has been submitted to and agreed in writing by the local planning authority.  The cycle parking facility shall be erected in accordance with the approved details prior to the occupation of the development hereby approved and retained as such thereafter.

 

4. Details of land / surface water drainage shall be submitted to and approved in writing by the local planning authority prior to the commencement of development.  The drainage scheme shall be carried out in accordance with the approved details prior to the development hereby approved being brought into use.

 

5.The car parking area(s) shall be suitably formed and hard-surfaced concurrently with the remainder of the development to the satisfaction of the Local Planning Authority in accordance with details to be submitted to and agreed in writing with the Local Planning Authority before development commences. The car parking area(s) shall be retained thereafter.

 

6. Details of any security or floodlighting shall be submitted to and agreed in writing with the Local Planning Authority before any such lighting is brought into use.

 

7. Development shall not be commenced until a Travel Plan has been submitted to and approved in writing by the local planning authority. The provisions of the Travel Plan shall be implemented and operated in accordance with the timetable contained therein and shall not be varied other than through agreement with the local planning authority.

 

For the avoidance of doubt, such a plan shall include:

 

• Access to the site by staff and visitors;

• Information on existing transport services to the site and staff and visitor travel patterns;

• Travel Plan principles including measures to promote and facilitate more sustainable transport;

• Realistic targets for modal shift or split;

• Identification of a Travel Plan co-ordinator and the establishment of a travel plan steering group;

• Measures and resource allocation to promote the Travel Plan; and

• Mechanisms for monitoring and reviewing the Travel Plan, including the submission of an annual review and action plan to the local planning authority.

 

8. The gross retail floorspace of the building hereby permitted and as shown on the approved plans, shall not exceed 5,998 square metres.  For the avoidance of doubt, the gross floor space is shown shaded purple on the approved drawing numbers 445-080H and 445-081J.

 

9. There shall be no sub-division or creation of additional floorspace within the buildings hereby permitted and as shown on the approved plans.

 

10. No customer shall be admitted to the premises after 22:00 or before 08:00 hours Monday to Saturday and after 17:00 or before 10:00 hours on Sundays and Bank Holidays.

 

11. Servicing of the store shall only take place between 6am and 10pm Monday to Saturday and between 6am to 6pm on a Sunday.

 

12. No development shall be commenced until full details of soft and hard landscaping have been submitted to and approved in writing by the Local Planning Authority.  The landscaping scheme shall detail the locations, species and heights of all existing and proposed trees, shrubs and hedge planting and all existing and proposed grassed and hard surfaced areas and any other natural or proposed features.

 

13.Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within five years from the completion of the scheme shall be replaced by trees or shrubs of a similar size and species to those originally required to be planted unless otherwise approved in writing by the Local Planning Authority.

 

14. All hard and soft landscape works shall be carried out in accordance with the approved details as set out in Condition 12.  The works shall be carried out in accordance with a programme to be agreed with the Local Planning Authority.

 

15.The development hereby approved shall be carried out in accordance with the details shown on the plan(s) received by the local planning authority on 6 August 2007 (for the avoidance of doubt, the approved plans are numbered as 445-002E, 445-080H, 445-081J, 445-082E, 445-086A, 445-089E, 445-098B, 445-101 and 445-103H); on 21 August 2007 (for the avoidance of doubt, the approved plan is Singleton Clamp drawing no. SCP/04303/PHW01D), and; on the 17th September 2010 (for the avoidance of doubt the approved plans are numbered 09-083 PL-01 Rev A, 09-083 PL-02 Rev B and 09-083 PL-100).

 

16. Prior to the commencement of development a suitable scheme of fume extraction for all in store cooking processes shall be submitted to and approved in writing by the Local Planning Authority. Upon receipt of written approval all details must be implemented in full prior to the opening of the development hereby approved and retained as such thereafter.

 

17. Prior to the commencement of development a suitable scheme of sound insulation for roof mounted plant machinery shall be submitted to and approved in writing by the Local Planning Authority. Upon receipt of written approval all details must be implemented in full prior to the opening of the development hereby approved and retained as such thereafter.

 

18. The servicing area, including space for manoeuvring, loading and unloading of servicing vehicles, shall be formed and hardsurfaced concurrently with the development to which it relates, in accordance with the details to be submitted to and agreed in writing by the Local Planning Authority before the development commences.

 

19. That should the opening of the food store be delayed beyond 2010, an addendum to the submitted Transport Assessment must be submitted prior to opening that addresses possible changes to the highway network performance based on a scope to be agreed with the local planning authority. Upon receipt of written consent from the Local Planning Authority all development must be carried out in full accordance with the documentation hereby approved.

 

20. The customer car park must be closed by 23:00 or before 07:00 hours Monday to Saturday and after 18:00 or before 09:00 hours on Sundays and Bank Holidays.

 

21. The developer covenants not to permit any building or any part thereof (save for the car park or any part thereof) constructed on the development land pursuant to the permission to be occupied for or open for trading without the written consent of the Council unless and until the highway works as defined in drawing number SCP/04303/EXT/02 Rev C in the Section 278 Agreement have been completed and every Certificate of Substantial Completion has been issued in accordance with the Agreement.

Supporting documents: