Agenda item

APP/15/00578: Aldi Foodstore, 17-21 HOYLAKE ROAD, MORETON, CH46 9PD - Variation of condition to permit all deliveries and servicing of the premises to take place between the hours of 07.00 and 23.00 Monday to Sunday and Bank Holidays

Minutes:

The Strategic Director for Regeneration and Environment submitted the above application for consideration.

 

On a motion by Councillor Foulkes and seconded by Councillor Johnson it was:

 

Resolved (10:2:1) That the application be approved subject to the following conditions:

 

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

 

2. The development hereby permitted shall not be commenced until such time as a scheme to improve the existing surface water disposal system has been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved detail

 

3. The premises shall be closed between 23.00 hours and 08.00 hours Monday to Saturday, and between 17.00 hours and 10.00 hours on Sundays and Bank Holidays.

 

4. All deliveries and servicing of the premises shall only take place between the hours of 07.00 and 23.00 Monday to Sunday.

 

5. Commercial waste collection shall only take place between the hours of 08.00 and 21.00, and shall be carried out within the service area south of the store as indicated in approved drawing 0180NES100 Rev K, dated 18th February 2010.

 

6. Deliveries to the store shall be carried out in strict accordance with the Aldi Stores Ltd. letter submitted 23rd March 2010 and Servicing Regime Statement received by the Local Planning Authority 7th April 2010. For the avoidance of doubt servicing shall be undertaken in accordance with the following unless otherwise agreed in writing by the Local Planning Authority:

 

·  All loading and unloading shall take place internally within a delivery vehicle ‘docked’ within the enclosed service bay canopy;

·  No waste, products or pallets shall be stored externally;

·  Prior to entering the store site or car park, all refrigeration plant and reverse sounder units shall be switched off and deactivated.

 

7. A scheme of works to be submitted to and agreed in writing by the Local Planning Authority showing details of all mechanical extraction/ventilation units, air conditioning units, chillers and cooler systems. The scheme should include the sound power levels for each piece of equipment. All works to be completed in accordance with the approved scheme prior to the commencement of business.

 

8. Notwithstanding the submitted details, and having regard to the submitted Design Out Crime Advice, the development authorised by this permission shall not begin until the Local Planning Authority has approved in writing the details of measures to be incorporated for the prevention of crime. The detail shall include the following measures:

 

·  ANPR and CCTV cameras to be installed to the building and car park;

·  Roller shuttering to be installed to glazed areas;

·  A grade 2/3 European Standard alarm with grade 4 signalling system (Duel Comm).

 

The development shall be implemented in accordance with the approved details, and retained as such thereafter.

 

9. The remainder of the undeveloped land within the curtilage of the site shall be suitably landscaped in accordance with a scheme to be submitted to and approved by the Local Planning Authority prior to commencement of any demolition/construction work on the site. Such landscaping work shall be completed prior to the first use of the building hereby permitted and thereafter maintained to the satisfaction of the Local Planning Authority. Any trees and shrubs planted in accordance with the landscaping scheme which, within 5 years of planting are removed, dying, seriously damaged or become diseased shall be replaced to the satisfaction of the Local Planning Authority, by trees and shrubs of similar species.

 

10. Details of all fencing, walls, gateways and means of enclosure shall be submitted to and approved by the Local Planning Authority before the development hereby approved is completed and the work shall be carried out prior to first use in accordance with the details so approved, and subsequently maintained to the satisfaction of the Local Planning Authority.

 

11. All existing trees which are not directly affected by the building(s) and works hereby approved shall be clearly located and described in the required landscaping scheme. Such trees shall be retained and shall not be lopped, topped, felled, pruned, have their roots severed or be uprooted without prior approval of the Local Planning Authority.  Any such tree which subsequently dies, becomes seriously diseased or has to be removed as a result of carrying out this development shall be replaced with a tree of a species and size and in such position, as the Local Planning Authority may require, in conjunction with the general landscaping required herein.

 

Prior to the commencement of demolition/construction the trees to be retained on the site shall be protected by chestnut paling fences 1.5 metres high erected to the full extent of their canopies or such lesser extent as may be approved by the Local Planning Authority, the fencing to be removed only when the development (including pipelines and other underground works) has been completed; the enclosed areas shall at all times be kept clear of excavated soil, materials, contractors' plant and machinery.

 

12. Prior to the commencement of development approved by this planning permission the following components of a scheme to deal with the risks associated with contamination of the site shall be submitted to and approved, in writing by the Local Planning Authority:

 

i) A preliminary risk assessment which has identified:

·  All previous uses

·  Potential contaminants associated with those uses

·  A conceptual model of the site indicating sources, pathways and receptors

·  Potentially unacceptable risk arising from contamination at the site

ii) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site

iii) The site investigation results and the detailed risk assessment (2) and, based on remediation measures required and how they are to be undertaken

iv) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements

for long-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

Any changes to these components require the express consent of the Local Planning Authority. The scheme shall be implemented as approved.

 

13. No development shall commence until details of the proposed measures to be incorporated within the building to achieve 10% of the predicted energy requirements of the site from renewable sources have been submitted to and agreed in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and operated as such thereafter.

 

14. Notwithstanding the provisions of the Town and Country Planning (General Development Procedure) Order 1995 (or any subsequent re-enactment) there shall be no creation of additional floor space, including any mezzanine floor space, within the building hereby permitted as shown on the approved plans. The retail unit shall have gross internal floor space no greater than 1,342m2 with a net trading area no greater than 900m2, as shown in the approved drawings. Sub division of the unit to form smaller retail outlets is not permitted.

 

15. Notwithstanding the provisions of Class A1 of the schedule to the Town and Country Planning (Use Classes Order) 1987 (or any subsequent re-enactment), only convenience goods (other than those ancillary to the principal use of the premise) shall be sold from the premises hereby approved.

 

16. The development shall be implemented in accordance with the approved plans, drawing numbers: 180NES 100K; 180NES 102C; 180NES 103G; 180NES 105E; 180NES 106E; 180NES 110B; VLO180 L01D, and; 2240/G/102.

 

 

Supporting documents: