Agenda item

The Committee noted the report of the Site Inspection Team circulated with the agenda.

 

The Business Manager referred to Members considering this application back in June 2017 when it was resolved that, subject to Officers negotiating an improved design for the building, permission should be granted.  Officers negotiated hard with ALDI and achieved what is considered a high quality design that respects the context of the site.  The permission was issued in December 2017. 

 

The Council’s decision was challenged on the basis that Members had not been properly advised on the impact of the development on nearby designated heritage assets.  Designated heritage asset means a listed building or a Conservation Area. The Railway Goods Shed is not a designated heritage asset. The basis of the challenge was that Officers had not adequately explained why the recommendation was contrary to the expert advice of the Council’s Team Leader – Design and Heritage regarding the impact on designated heritage assets.  The designated heritage assets in question are Forde House and its Gate Piers and the three Newton Abbot Conservation Areas.

 

Rather than spend public money defending our decision in the High Court it was considered more expedient to agree a Consent Order to quash the decision and to make a new decision on the basis of a report that comprehensively sets out Officer’s considerations on the impact on designated heritage assets.  These considerations are set out in paragraphs 2.1 to 2.30 of the Addendum Report, circulated with the agenda. In summary Officers do not consider there to be any harmful impact to the settings of designated heritage assets.

 

The Addendum Report also provides an update on other issues that have changed since the last Committee Report, primarily bat issues. The original Committee Report is appended to the Addendum Report and covers all of the other issues that Members need to consider before making a new decision.  Officers do not consider there have been any changes to these other issues that would result in changing the advice and recommendation offered at the time.  The issues are:

 

·           Retail Policy Assessment

Officers are still of the view that there are no sequentially preferable sites and there will be no adverse impact on the vitality and viability of Newton Abbot Town Centre (Section 4.1 of original report).

 

·           Loss of Employment Land

Section 4.2 of the main report - Officers remain of the view that for viability reasons the site is unlikely to come forward for purely employment development in the foreseeable future.  However the overall proposal involves the transfer of serviced land to the Council to provide 990 sq m of employment floorspace.  Together with the jobs created by ALDI itself it is considered that the proposals would not result in a loss of employment opportunities.  The Council’s Economy Manager supports the application.

 

·           Highway Safety

Section 4.3 of the main report – The Highway Authority does not object to the application.  A yellow box junction would be funded by the Applicant to improve traffic flows at the junction.

 

·           Residential Amenity

Section 4.6 of the main report – A suite of planning conditions is proposed to manage the impact of the proposal on nearby residential properties.  It should be borne in mind, of course, that the site is located adjacent to the main railway line on an industrial estate so background noise levels are high.  Officers remain of the view that the conditions proposed will safeguard the existing level of residential amenity in the locality.

 

·           Ecology and Drainage

Covered in Sections 4.7 and 4.8 of the original report, with bat issues updated in the Addendum report.  There are no objections from consultees on these matters and any impacts can be mitigated by conditions.

 

·           Loss of non-designated heritage assets

The proposal does involve the loss of the Railway Goods Shed.  This is a non-designated heritage asset so is not covered by the legal requirements set out in paras 2.3 and 2.4 of the Addendum Report.  Nevertheless it is recognised that it is a historic building connected to Newton Abbot’s railway heritage.  Its loss would be regrettable.  However it is part of a derelict site that is unlikely to come forward for any alternative form of redevelopment or conversion in the foreseeable future.  Refusal of this application would not result in a viable alternative coming forward anytime soon, so the site would continue to deteriorate.  There are considerable economic benefits to the scheme being considered and it is considered that, on balance, the benefits from the proposals outweigh the loss of the building. Therefore the recommendations remains approval subject to the conditions set out on Pages 108 – 113 of the Agenda.

 

The signatures on the e-petition “Save Our Shed” group has increased to 1103, and additional letters of objection have increased to 36, expressing concern that the loss of the goods shed would detrimentally effect railway tourism in the area.

 

Public speaker, Objector – The loss of the railway shed would be a great loss to the town;  it would be irreplaceable and it belongs to the public; it is not a goods shed but a carriage repair workshop which is a much rarer and valuable asset; Newton Abbot is one of just 16 Railway Towns in the Country; Courtenay Park forms part of the Conservation Area and has a unique association with the Railway; Historic England has advised that 19^th Century railway works are rare and valuable; GWR and other supporters all disagree with the Aldi historic report; 1700 supporters in just 16 days have added their names to the Save Our Shed Group; and the Localism Act assists and supports the community in retaining valuable assets 

 

Public speaker, Objector – The use of the site for retail is limited, and full time positions at the store would be low and minimum wage; highway and pedestrian safety issues - increased traffic resulting in chaos at the junction with Brunel Road; the traffic lights and yellow box will not be adequate; there is currently insufficient on street parking for residents of Forde Close, the proposal will exacerbate the situation; the current shed buildings and walls absorb noise and  protect the houses in Forde Close from noise and light pollution; the replacement building will be half the length resulting in overlooking and loss of privacy, light and noise pollution; negative economic impact on the Town Centre; this is not the right development for the site; detrimental effect on the town; and time should be taken over the redevelopment of the site so that the result is an asset to the town.

 

Public Speaker, Supporter – The proposal will have significant benefits for the town and area with the employment floor space which will be transferred to the District Council; the store design and layout will reflect the history of the railway heritage; there will be approximately 50 employment opportunities, all would be paid above the living wage and no zero hours.

 

Public Speaker, Supporter – Investment in the site is needed; it has not been a rushed proposal with 3 years in the making; the design is appropriate to the site and area; the heritage history is reflected in the bespoke design with such features as arched windows; the signal gantry will be retained and refurbished; the shed is not listed. It has been proposed on three occasions for listing but turned by Historic England each time; Old Forde House is a heritage listed building but officers consider there are considerable economic benefits to the scheme being considered and that, on balance, the benefits from the proposals outweigh the loss of the building.

 

Comments made by Councillors included: the existing buildings on site and the shed could barely be seen from the vantage points visited during the site inspection; the vantage point from where the buildings were most visible was from Torquay Road and Courtenay Park; the impact on Old Forde House and the gate pillars will be less than minimal; the setting of the heritage assets will not be damaged or compromised; a design different to the Aldi store standard design was welcomed, along with the retention, restoration and maintenance of the Signal Gantry and weather vane; the new building will be lower in height and therefore less of an impact if any; concerns for the detrimental effect on the amenities of residents including parking; traffic increase and highway safety issues; there is an enormous amount of public interest not to destroy the railway carriage workshop shed, which will be irreplaceable; no convincing argument to justify the demolition of the Shed and this should be challenged; the site is a gateway to the town and has a key role to play; the residents amenities will be compromised; residents should be contacted to discuss what can be done to relieve the congestion for them in Forde Close; there could be far worse amenity issues for the neighbours should the site be used for other industrial purposes such as engineering.

 

The Business Manager commented that the site is an employment site at present and bearing this in mind the conditions are reasonable and will safeguard residents’ amenities. It is considered there will be no impact on the setting of the designated heritage assets and the benefits outweigh the loss of the non designated heritage asset.  There is no sequentially preferable site in the town for a foodstore.

 

It was proposed by Councillor J Hook and seconded by Councillor Rollason that the application be refused on the grounds of the loss of a non designated heritage asset, and loss of employment land. 

 

The Business Manager referred to the support of the application by the Economic Development Officer. Loss of employment land would be hard to justify given that there was none currently at the site. The loss of a non designated heritage asset would also be hard to justify given the balance with the significant benefits of the proposal. The Solicitor advised that any reasons for refusal should be based on reasonable grounds. Unreasonable reasons could result in costs being awarded against the Council at appeal.

 

The proposer and seconder agreed that the proposal should be amended to omit reference to the loss of employment land.

 

The vote was taken on the amended proposal above and it was lost by 5 votes for and 14 against.

 

It was proposed by Councillor Prowse and seconded by Councillor Dennis that the recommendation as set out in the report circulated with the agenda, at agenda pages 108 to 113 be accepted. This was carried. 

 

Resolved

 

Subject to re-entering into and completion of a Section 106 obligation as set out in the original Committee Report approved at Committee on 13 June 2017:

 

Planning permission be granted subject to the following conditions:

 

Full planning permission for the demolition of existing buildings and the erection of class A1 food store (1,140 square metres net) with associated car parking and landscaping

 

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

 

REASON: In accordance with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2. The works hereby permitted shall be carried out in accordance with the

application form and the following approved plans/documents:

 

Received on 17 October 2016

Drawing Number 140043 P(1)01 Revision A – Site Location Plan

Drawing Number 140043 P(1)04 – Proposed Roof Plan

Drawing Number 140043 P(1)03 Revision A – Proposed Floor Plan

Energy Statement

Carbon Reduction Plan

K2 Systems Solar Panel Technical Information and Conext CL three-phase grid-tie inverter details

Preliminary Ecological Appraisal dated September 2015

Bat Survey Report dated October 2015

Static Monitoring Bat Survey dated November 2015

 

Received on 31 October 2016

Arboricultural Impact Assessment and Tree Protection Plan dated 19 October 2016

Received on 2 February 2017

Drawing Number 140043 P(1)14 - Proposed Store Sections

Received on 1 June 2017

Drawing Number 140043 P(1) 05 Revision N – Proposed Site Plan

Received on 1 August 2017

Drawing Number 140043 P(1)18 – Proposed Store Elevations

Received on 24 October 2017

Updated Bat Survey Results 2017 dated 23 October 2017

Received on 20 November 2017

Drawing Number 140043 P(1)20 Revision H – Site Layout Plan

 

REASON: In order to ensure compliance with the approved drawings.

3. The Use Class A1 foodstore opening hours shall be no longer than 08:00 – 22:00 Monday to Saturday and 10:00 – 17:00 on Sundays.

 

REASON: In the interests of protecting neighbouring amenity.

 

4. Prior to the foodstore first trading a Service Yard Management Plan to include best practice for deliveries (to include details about the use of crash mats, vehicles engines to be cut as soon as the delivery vehicle parks within the service bay, no movement of trollies outside of the building) shall be submitted to and approved in writing by the Local Planning Authority. Deliveries to the store shall operate in accordance with the approved document.

 

REASON: In the interests of neighbouring amenity.

 

5. Deliveries shall only take place between the hours of 07:00 - 21:00 Monday to Saturday and 09:00 – 16:00 on Sundays and at no other times. Delivery vehicles shall not be present on site outside of these times.

 

REASON: In the interests of neighbouring amenity

 .

6. There shall be no parking of refrigerated equipment/trailers/portable chillers on site outside of the permitted delivery hours.

 

REASON: In the interests of neighbouring amenity.

 

7. The collective acoustic impact of the use of the retail unit and any equipment or machinery must not increase existing background noise levels by more than 5Db at the nearest neighbouring noise sensitive premise façade.

 

REASON: In the interests of neighbouring amenity.

 

8. Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) (England) Order 2015 (as amended) (or any order

revoking and re-enacting that Order with or without modification), there shall be no internal sub-division of the foodstore to create multiple units and no provision of mezzanine floors.

 

REASON: To protect the vitality and viability of the town centre and in accordance with the application submission.

 

9. There shall be no more than 1,140 square metres net retail floor area provided within the foodstore of which no more than 20% shall be used for the sale of comparison goods and at least 80% shall be used for the sale of convenience goods.

 

REASON: To protect the vitality and viability of the town centre and in accordance with the application submission.

10. Prior to the foodstore first trading the car parking and associated vehicular and pedestrian access points shall have been completed in accordance with the detailing set out in the hereby approved plans.

 

REASON: To provide safe and adequate parking and access.

 

11. Prior to their installation full details of all external plant associated with the retail unit shall be submitted to and approved in writing by the Local Planning Authority. Works shall proceed in accordance with the approved details.

 

REASON: In the interests of neighbouring amenity and the character and

appearance of the building and the wider area.

 

12. Prior to the retail foodstore first trading, utility services shall be taken to the employment land and the employment land access shall be fully completed in accordance with the approved plans.

 

REASON: To ensure that the employment land can be brought forward in a timely manner.

 

13. The existing Signal Gantry and the stone building remnants adjacent to the western boundary shall be retained and renovated in accordance with an agreed schedule of works. The Schedule of Works shall be submitted to the Local Planning Authority for written approval prior to the retail unit first trading and shall include an associated timetable for the renovation works to take place. Works shall proceed in accordance with the approved details.

 

REASON: In the interests of protecting these non-designated heritage assets and the character and appearance of the area.

 

14. Prior to the retail store first trading the existing northern most vehicular access point shall be closed off in accordance with details which shall first have been submitted to and approved in writing by the Local Planning Authority.

 

REASON: In the interests of neighbouring amenity and highway safety.

 

15. Prior to works proceeding past foundation level cross sections through the

decorative bays on the east and west elevation shall be submitted to and approved in writing by the Local Planning Authority. These shall be at a scale of 1:10 or similar and shall be vertical and horizontal. Works shall proceed in accordance with the approved details,

 

REASON: In the interests of the character and appearance of the building and the wider area.

 

Outline planning permission for the employment units with all matters other than access to be reserved

 

16. Approval of the details of layout, scale, landscaping and appearance of the building(s), (hereinafter called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced.

 

REASON: To enable full and proper consideration of the proposed development.

 

17. Application for approval of reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

REASON: In accordance with Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

18. The development shall be begun before the expiry of two years from the date of final approval of the reserved matters.

 

REASON: In accordance with Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Compulsory Purchase Act 2004.

 

19. Notwithstanding the description of the development the premises shall be used for purposes falling within Use Class B1 only and for no other purpose (including any other use permitted by the Schedule of the Town and Country Planning (Use Classes) Order, 1987 or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modifications or by the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification)).

 

REASON: In the interests of neighbouring amenity and highway safety.

 

20. The first application for reserved matters approval for layout, scale and

appearance shall set out clearly a scheme for the provision of a minimum of 5 x bat boxes to be incorporated into the proposed buildings and shall be delivered on site prior to the employment buildings being first brought into use. The bat boxes shall be maintained and retained in perpetuity.

 

REASON: To provide alternative accommodation for bats following the demolition of the existing buildings on site.

 

21. Applications for reserved matters approval for the employment units shall be accompanied by Acoustic Statements and Delivery Strategies demonstrating that the collective acoustic impact of the use covered by such an application and any equipment or machinery does not increase existing background noise levels by more than 5Db at the nearest neighbouring noise sensitive premise façade.

 

REASON: In the interests of neighbouring amenity.

22. Deliveries shall only take place between the hours of 07:00 - 21:00 Monday to Saturday and 09:00 – 16:00 on Sundays and at no other times. Delivery vehicles shall not be present on site outside of these times.

 

REASON: In the interests of neighbouring amenity.

 

23. There shall be no parking of refrigerated equipment/trailers/portable chillers on site outside of the permitted delivery hours.

 

REASON: In the interests of neighbouring amenity.

 

For the overall permission

 

24. Prior to the commencement of construction work on site of the retail unit a

surface water drainage scheme shall be submitted to and approved in writing by the Local Planning Authority. Works shall proceed in accordance with the approved details. The first application for reserved matters approval for layout, scale and appearance for the employment land shall be accompanied by a surface water drainage scheme for written approval and works shall proceed in accordance with those approved details.

 

REASON: In order to ensure that a satisfactory and sustainable surface water

drainage system is provided.

 

25. Within two months of the commencement of development of the retail unit full details of hard and soft landscape works, including an implementation and

management plan, shall be submitted to and approved in writing by the Local

Planning Authority for the retail unit and its associated areas.

 

Details of soft landscape works shall include a scheme for replacement tree

planting including tree pit detailing, retention of any existing trees and hedges;

finished levels/contours; planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate. The hard landscape works shall include means of enclosure; boundary and surface treatments; vehicle and pedestrian/cyclist circulation; structures; signs and lighting). All works shall be carried out in accordance with the approved details and the implementation plan and thereafter maintained in accordance with the approved management plan. Landscaping proposals for the employment land shall be submitted with the reserved matters application(s).

 

REASON: To secure a landscape scheme that will complement the development in the interests of visual amenity.

 

26. Prior to their use on external surfaces, samples of all materials shall be

submitted to and approved in writing by the Local Planning Authority. Works shall proceed and be retained in accordance with the approved details.

 

REASON: In the interests of the character and appearance of the building and the wider area.

 

27. Prior to the commencement of works on site, including demolition, a detailed demolition and construction management plan shall be submitted. The Plan shall specify details of:

· the hours of demolition/construction works (including hours of site deliveries,

parking of vehicles of site operatives and visitors);

· loading and unloading of plant and machinery;

· facilities for the storage of plant, machinery and materials used in the

construction of the development;

· the erection and maintenance of security hoardings;

· wheel washing facilities;

· measures to control the emission of dust and dirt during construction;

· a scheme for the recycling/disposal of waste resulting from the

demolition/construction works;

· a scheme for the salvaging and re-use of the weather vane on the Goods

Shed.

The development shall not be carried out unless in strict accordance with the

approved details, unless the Local Planning Authority grants its prior written

approval to any variation.

 

REASON: In the interests of local amenity and highway safety.

 

28. Other than the demolition of the modern office block, no development including demolition to which this permission relates shall commence until an appropriate programme of historic building recording and analysis, and archaeological monitoring and recording, has been secured and implemented in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority.

 

The development shall be carried out at all times in strict accordance with the

approved scheme, or such other details as may be subsequently agreed in writing by the Local Planning Authority.

 

REASON: To ensure that an appropriate record is made of the historic building fabric and other archaeological evidence that may be affected by the development.

 

29. Prior to the installation of any external lighting on the outside of the buildings or elsewhere on the site full details including design, siting and illumination-type shall be submitted to the Local Planning Authority for approval. Only lighting that has been approved in writing by the Local Planning Authority shall be installed.

 

REASON: To safeguard foraging paths for legally protected bats, including bats from the South Hams Special Area of Conservation and in the interests of neighbouring amenity.

 

30. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted to, and obtained written approval from the Local Planning Authority for an investigation and risk assessment and, where necessary, a remediation strategy and verification plan detailing how this unsuspected contamination shall be dealt with.

 

Development shall not thereafter proceed unless in strict accordance with the

measures identified in the approved remediation strategy and verification plan. Prior to occupation of any part of the permitted development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority.

 

REASON: To ensure that any unexpected contamination that is uncovered during remediation or other site works is dealt with appropriately.

 

(14 votes for, 4 against and 1 abstention)