Agenda item

Report of the Planning and Development Manager recommending delegated authority be granted in respect of the application for a proposed development at the above address, attached.

 

Redevelopment of the site to provide a warehouse club (13,006 square metres gross external floorspace) including tyre installation, sales and associated facilities with vehicular access from Regents Park Road.

 

Mr Cheesemore (Applicant) and Mr Dicks (Agent) were present and with the consent of the Chair, addressed the meeting.

 

UPON BEING PUT TO THE VOTE THE OFFICER RECOMMENDATION TO GRANT CONDITIONAL PLANNING PERMISSION SUBJECT TO THE APPLICANT ENTERING INTO A SECTION 106 LEGAL AGREEMENT WAS

CARRIED

 

RECORDED VOTE:

FOR:  Councillors Fitzhenry, Jones, Osmond, Slade and Thomas

ABSTAINED:  Councillors Letts and Samuels

 

RESOLVED

 

(i)  that authority be delegated to the Planning and Development Manager to grant conditional planning approval subject to:-

a)  the conditions in the report with any variations recommended by the Planning and Development Manager and the amended conditions below;

b)  the applicant entering into a Section 106 Legal Agreement to secure:-

1.  Financial contributions towards site specific transport contributions for highway improvements in the vicinity of the site in line with Policy SDP4 of the City of Southampton Local Plan Review (March 2006), policies CS18 and CS25 of the adopted LDF Core Strategy (2010) and the adopted SPG relating to Planning Obligations (August 2005 as amended);

 

2.  A financial contribution towards strategic transport projects for highway network improvements in the wider area in accordance with policies  CS18 and CS25 of the Local Development Framework Core Strategy Development Plan Document - Adopted Version (January 2010) and the adopted SPG relating to Planning;

 

3.  Submission of a Training and Employment Management Plan committing to adopting  local labour and employment initiatives, in accordance with Policies CS24 and CS25 of the Local Development Framework Core Strategy Development Plan Document - Adopted Version (January 2010) and the adopted SPG relating to Planning Obligations (August 2005 as amended);

 

4.  Submission and implementation within a specified timescale of a Travel Plan, in accordance with Policies CS18, CS19 and CS25 of the Local Development Framework Core Strategy Development Plan Document - Adopted Version (January 2010) and the adopted SPG relating to Planning Obligations (August 2005 as amended);

 

5.  Submission of a highway condition survey to ensure any damage to the adjacent highway network attributable to the build process is repaired by the developer.

 

6.  Secure the following operational controls in order to define the planning use:

 

·  Both parties to the agreement acknowledge that the application is proposed on the basis that at least 65% of annual turnover will be to trade members of the warehouse club and therefore no more than 35% to individual members. 

·  The warehouse club will restrict itself to not more than 4,000 different stock items.  

·  Those items will be aimed primarily at the trade member and will mainly consist of items packaged in institutional packs or multi packs.

·  The agreement acknowledges that the use of the warehouse club as a Class A1 shop would amount to development requiring planning permission.

·  The warehouse club is to be operated in the general manner described in the booklet accompanying the application entitled “Costco Membership Warehouse Club – its philosophy and operation.” (contained in Document 4) .

·  An annual membership system is to be operated, requiring the payment of a fee and goods can only be bought by members in possession of a membership card which includes a photograph of themselves and their signature; membership cards will be checked on entry to the warehouse club and at the check out.

7.  A site security management plan to be prepared and reviewed annually with Hampshire Constabulary for a 3 year period following the first opening of the premises for trading.  Where recommendations of the reviews to improve site security are concluded, these are to be implemented.

 

8.  On the first anniversary of opening the store for public use the Developer will submit to the Council a Traffic Generation Survey. In the event that the Traffic Generation Survey shows an increase in trip generation in excess of 5% of the predicted trips estimated in the Transport Assessment (submitted as part of the Application and attached at Appendix 1) the Developer will pay a contribution towards additional highway works within the vicinity of the site within one month of the submission of the Traffic Generation Survey, equivalent to the additional number of actual trips, compared to the predicted trips identified in the Transport Assessment.

 

(ii)  that the Planning and Development Manager be authorised to refuse permission should the Section 106 Agreement not be completed within four months from the date of determination, on the grounds of failure to secure the provisions of the Section 106 Agreement.

 

Amended Conditions:

 

5 - Road Construction

No development hereby permitted shall be commenced until the Local Planning Authority have approved in writing:-

 

A specification of the type of construction proposed for the roads, cycleways and footpaths within the development hereby permitted including all relevant horizontal cross-sections and longitudinal sections showing existing and proposed levels together with details of street lighting, signing, white lining and the method of disposing of surface water.

REASON:

To ensure that the roads [cycleways] and footpaths are constructed in accordance with standards required by the Highway Authority.

 

6 - Junction Details

Development shall not begin until details of the junction between the proposed service road and the public highway as shown on drawing 72758/A/23 have been approved in writing by the LPA and the development shall not be brought into use until that junction has been constructed in accordance with the approved plans, unless any alternative solution is agreed in correspondence with the local planning authority prior to the implementation of such works.

REASON:

To ensure a safe access to the site is achieved.

 

15 - Land Contamination investigation and remediation

 Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), a scheme to deal with the risks associated with contamination of the site shall be submitted to and approved by the Local Planning Authority.  That scheme shall include all of the following phases, unless identified as unnecessary by the preceding phase and approved in writing by the Local Planning Authority:

 

1.  A desk top study including:

-  historical and current sources of land contamination

-  results of a walk-over survey identifying any evidence of land contamination 

-  identification of the potential contaminants associated with the above

-  an initial conceptual site model of the site indicating sources, pathways and receptors

-  a qualitative assessment of the likely risks

-  any requirements for exploratory investigations.

 

2.  A report of the findings of an exploratory site investigation, characterising the site and allowing for potential risks (as identified in phase 1) to be assessed.

 

3.  A scheme of remediation detailing the remedial actions to be taken and how they will be implemented.

 

On completion of the works set out in (3) a verification report shall be submitted to the Local Planning Authority confirming the remediation actions that have been undertaken in accordance with the approved scheme of remediation and setting out any measures for maintenance, further monitoring, reporting and arrangements for contingency action.  The verification report shall be approved by the Local Planning Authority prior to the occupation or operational use of any stage of the development.

Any changes to these agreed elements require the express consent of the local planning authority.

REASON:

To ensure land contamination risks associated with the site are appropriately investigated and assessed with respect to human health and the wider environment and where required remediation of the site is to an appropriate standard. 

 

18 - Landscaping

The development hereby approved shall be carried out strictly in accordance with landscaping plan 1001 Rev C and the Landscaping Report dated January 2011 by Andrew Davis Partnership unless otherwise agreed in writing by the Local Planning Authority.

 

Any trees, shrubs, seeded or turfed areas which die, fail to establish, are removed or become damaged or diseased, within a period of 5 years from the date of planting shall be replaced by the Developer in the next planting season with others of a similar size and species unless the Local Planning Authority gives written consent to any variation. The Developer shall be responsible for any replacements for a period of 5 years from the date of planting.

 

The approved scheme shall be carried out prior to occupation of the building or during the first planting season following the full completion of building works, whichever is sooner. The approved scheme implemented shall be maintained for a minimum period of 5 years following its complete provision.

REASON:

To improve the appearance of the site and enhance the character of the development in the interests of visual amenity, in the interests of biodiversity and to ensure that the development makes a positive contribution to the local environment and, in accordance with the duty required of the Local Planning Authority by Section 197 of the Town and Country Planning Act 1990.

 

23 - Hours of Use - Trading Hours

The warehouse club hereby approved shall only not open to customers outside of the following hours:

 

Monday to Friday

10.00am - 8.30pm (10.00am -12:00pm midday - trade customers only)

Saturday  09.00am - 6.30pm

Sunday   11.00am - 5.00pm

Recognised public holidays  10.00am – 6.00pm   

 

REASON:

To protect the amenities of the occupiers of existing nearby residential properties and to avoid congestion on Regents Park Road.

 

29 - External Lighting

The development shall be carried out strictly in accordance with the scheme of external lighting as shown on drawing 2372/EX2 Rev B and the undertaking as set out within the supporting letter from Faarup Associated Ltd dated 11 January 2011.  The external lighting shall be installed as agreed and thereafter retained.

REASON:

To secure a satisfactory form of development and to safeguard the residential amenities of neighbouring occupiers.

 

 

REASONS FOR THE DECISION

 

The site is safeguarded for light industry and research and development use under Saved Policy REI9 (i) of the Local Plan Review. Whilst a warehouse club does not strictly accord with the site specific designation, it is unlikely the site will come forward for single occupancy industrial use on the same scale as BAT, and leading Retail Estate Advisors ‘Vail Williams’ have indicated that demand from smaller industrial units on this back land site would be limited. Overall the principal scheme is acceptable, particularly as it will regenerate the site and will bring it back into employment use, whilst ensuring that existing residential amenities are protected. The Local Planning Authority is satisfied that the proposal will not undermine the vitality and viability of existing retail centres within the City. Furthermore the travel demands of the development can be met without compromising the city transport network, subject to the securing of site specific highway improvements through the S106 legal agreement.

Other material considerations do not have sufficient weight to justify a refusal of the application.  In accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004 Planning Permission should therefore be granted. Policies SDP1, SDP4, SDP5, SDP6, SDP7, SDP9, SDP10, SDP12, SDP13, SDP14, SDP16, SDP17, REI9 and REI15 of the City of Southampton Local Plan Review - Adopted March 2006 policies CS6, CS7, CS13, CS18, CS19, CS20, CS22, CS24 and CS25 of the Local Development Framework Core Strategy (January 2010).