Agenda item

The Committee considered a report of the Head of Development Control and Major Developments for a foodstore, non-food retail, cinema, car park, servicing and other ancillary town centre uses (amendments relating to 07/00422/F approved 03.09.09).

 

The Committee considered the potential impact of increased traffic and the temporary arrangements for traffic and pedestrians during construction. The Committee also discussed the importance of ensuring appropriate provisions were made for a taxi rank in Sheep Street.

 

In reaching their decision, the Committee considered the Officers’ report, presentation and written update.

 

Resolved

 

That application 09/01687/F be approved subject to:

 

(i)                 the applicants entering into a legal agreement to secure the same highway infrastructure and other matters which remain appropriate as secured through the legal agreement related to 07/00422/F, and to ensure that no works commence, other than the ‘enabling works’ (as defined), until land has been acquired to enable the northern roundabout on Manorsfield Road to be constructed at an appropriate stage in the construction process and

 

(ii)       the following conditions:

 

 

1.        SC 1.4A That the development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission.

 

2.         Notwithstanding the details shown on the approved plans all external walls and roofs of the buildings and all boundary/screen walls hereby permitted shall be constructed in accordance with a schedule of materials and finishes, including samples and sample panels of all materials and finishes, which shall have been submitted to or constructed on site and approved in writing by the LPA prior to the commencement of development. The development shall be carried out in accordance with the approved details.  

 

3.         No development shall commence on site until a schedule of materials and finishes, including samples, to be used on all hard surfaces including pavements, pedestrian areas, crossing points and steps has been submitted to and approved in writing by the LPA. The development shall be carried out in accordance with the approved schedule of materials and finishes. 

4.         No commercial units shall be occupied until seats, benches, litter bins, bollards, planters and other street furniture have been installed/erected in accordance with details that have previously been submitted to and approved in writing by the LPA. All street furniture shall be retained in accordance with the approved details at all times thereafter.

 

5.          No commercial unit shall be occupied until fingerpost and directional signage has been erected/provided within the site in accordance with a scheme which has previously been submitted to and approved in writing by the LPA. The signage shall be retained in accordance with the approved details at all times thereafter

 

6.          No commercial unit shall be occupied until boundary treatments within and around the site, including all gates around and within the site and all railings (including those around the decked car park) have been erected in accordance with details that have previously been submitted to and approved in writing by the LPA. The approved boundary treatments, gates and railings shall be retained in accordance with the approved details at all times thereafter.

 

7.        That prior to the first use of the retail/leisure premises hereby approve a scheme for the overall approach to the installation of advertising material on those premises shall be submitted to and approved by the LPA. That scheme shall include details of the siting and extent of the material and its illumination.

  

8.         The public information display panels to be erected on the ground floor of the foodstore facing Manorsfield Road as shown on the approved plans shall be erected in accordance with details which have first been submitted to and approved in writing by the LPA and shall be completed before the foodstore is first brought into use and retained in accordance with the approved details at all times thereafter.

  

9.          The development of each building shall not commence until detailed construction drawings comprising all external elevations and accompanying floor plans at a scale of 1:100 and all external joinery details at a scale of 1:50 for each building have been submitted to and approved in writing by the LPA. The development shall be carried out in accordance with the approved drawings and details.

 

10.       Prior to their construction full structural details of any canopies or building overhangs of the existing or proposed highway shall be submitted to and approved in writing by the LPA. Prior to first occupation of the development any canopy or building overhang shall be completed in all respects in accordance with the approved details and maintained as such at all times thereafter. 

11.       No part of the development shall be occupied until external lighting (including security lighting and street lighting) has been erected/installed in accordance with details that have been previously submitted to and approved in writing by the LPA. The approved scheme shall be operational before the first occupation of the development and shall be maintained as such at all times thereafter.

 

12.       No external lighting within the site shall exceed the following limitations at any time unless otherwise approved in writing by the LPA; 

            -           5.0% Sky Glow ULR

            -           10 Ev (Lux) Light Trepass before 23.30hours or 2 Ev (Lux) after 23.30hrs

            -           10 I (kcd) before 23.30hrs or 1.0 I (kcd) after 23.30hrs

            -           10 L (cd/m2) Average  

            All as advised in the Institute of Lighting Engineers Guidance Notes for the Reduction of Obstructive Light 2005.

 

13.       No development shall commence on the land east of Manorsfield Road, including any excavation in Area 4 as identified in the Archaeological Mitigation Strategy, as submitted with the previously approved scheme 07/00422/Funtil the applicant has secured the implementation of a staged programme of archaeological investigation in accordance with a written scheme of investigation which has first been submitted to and approved in writing by the LPA.

           

14.      The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) by BT&P Hyder, dated February 2007, ref: GD04001-01 and the following mitigation measures detailed within the FRA:
 
1.      The realigned section of the Town Brook shall be designed to contain the modelled 1 in 100 year flows (with a consideration of climate change) within its banks, as outlined in Section 3.48 of the FRA.
2.      Surface water drainage system shall be designed to attenuate discharge rates in storm events up to and including the 1 in 100 year event with an allowance for climate change, so that the development reduces surface water flood risk, as outlined in Sections 4.7 and 4.20.

15.       Development shall not begin until a surface water drainage schemefor the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.
The scheme shall also include details of how the scheme shall be maintained and managed after completion

16.       The development hereby permitted shall not be commenced until such time as details of the scheme to realign the Town Brook has been submitted to, and approved in writing by, the local planning authority.  
 
The scheme shall also include:

·         details of all crossings of the brook.

·         a full method statement including details of a contingency to be in place to safely accommodate flows in the absence of the Back Brook and details of the route of the diverted Town Brook downstream of the new bifurcation.

 
The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

17.       No development approved by this planning permission shall begin (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), until the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

1) 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 risks arising from contamination at the site.

2) 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.

3) The site investigation results and the detailed risk assessment (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.
 
4) 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 longer-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.

18.             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. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a long-term monitoring and maintenance plan) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the local planning authority.

 

19.             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 LPA) shall be carried out until the developer has submitted, and obtained written approval from the LPA for, an addendum to the Method Statement. This addendum to the Method Statement must detail how this unsuspected contamination shall be dealt with.

 

20.             The development hereby permitted shall not be commenced until such time as a scheme to dispose of surface water has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.

 

21.             Prior to the commencement of the development hereby permitted, a detailed scheme for foul sewage drainage of the development shall be submitted to, and approved in writing by, the Local Planning Authority.  The approved surface water drainage scheme shall be carried out prior to commencement of any building works on the site and the approved foul sewage drainage scheme shall be implemented prior to the first occupation of any building to which the scheme relates.  All drainage works shall be laid out and constructed in accordance with the Water Authorities Association's current edition "Sewers for Adoption".

          

22.       No development shall commence on site (including demolition and enabling works) until a Construction Management Plan (CMP) providing full details of the phasing of the development and addressing each construction activity within each phase has been submitted to and approved in writing by the LPA . The approved Plan shall be implemented in full during the entire construction phase and shall reflect the measures included in the Construction Method Statement received by the LPA on 21 May 2006 and shall include the mitigation measures outlined in the Environmental Statement as follows; 

           

            1. Paragraph 6.170 of chapter 6 - Landscape and Visual Context

            2. Paragraph 6.1.2 of chapter 13 - Contamination and Geotechnical issues

            3. Paragraph 12.2, 12.3, 12.4, 12.5, 12.6, 12.7 and 12.8 of chapter 16 - Transport Assessment

            4. Paragraph 6.3 of chapter 17 - Noise and Vibration Assessment

            5. Paragraph 6.3 of chapter 18 - Air Quality Assessment  In addition, the CMP shall include details of; 

            6. The proposed pedestrian routes to be provided across the site to enable access between Manorsfield Road and Sheep Street during construction. 

            7. The proposed phased arrangements for the parking of construction traffic and the storage of plant, machinery and building materials during construction.

8. The site protection measures (including hoardings) to be erected

9. Details of all temporary lighting to be in place during construction 

 

23.       No development shall commence on the demolition of the building to the rear of 27 Sheep Street or the building of EY2A until a schedule and timetable of structural support for 27 Sheep Street (including details of proposals to make good any structural movement which may occur as a result of the adjacent development) has been submitted to and approved in writing by the LPA. The demolition and making good of the building to the rear of 27 Sheep Street and development of unit EY2A shall be carried out in accordance with the approved details at all times. 

 

24.             No part of the development shall be occupied until cycle parking facilities (relevant to that part of the development to which it relates) have been provided within the site in accordance with details that have been previously submitted to and approved in writing by the LPA. The approved facilities shall be retained in accordance with the approved details at all times thereafter.

           

25.             A Green Travel Plan for staff of the foodstore, the cinema and retails units, prepared in accordance with the Department of Transport’s Best Practice Guidance Note "Using the planning process to secure travel plans", shall be submitted to and approved in writing by the Local Planning Authority within 3 months after the first occupation of the relevant building.  The approved Green Travel Plan shall thereafter be implemented and operated in accordance with the approved details. 

 

26.             All public parking facilities shall achieve the Park Mark ® ‘Safer Parking Award’ before the first commercial unit is occupied. 

 

27.             The vehicular access within the site from Wesley Lane (at its junction with Manorsfield Road to the new road indicated as Bure Place, and Bure Lane (to its junction with Manorsfield Road shall be closed to vehicular traffic other than for their use by service vehicles only, and use by service vehicles shall be restricted to outside the hours of 9am to 4pm daily. Access shall be controlled by the installation of rising bollards across the access points in accordance with British Standard PAS 68 and PAS 69 or other measures which have been previously submitted to and approved in writing by the LPA. 

 

28.             Following the completion of development the pedestrian accesses onto Sheep Street comprising Wesley Lane, Evans Yard and the access between Nos. 39 and 43 Sheep Street (three in total) and Manorsfield Road (two in total) and at the junction of Crown Walk and Wesley Walk shall remain open at all times and public access should not be prohibited by any gate, fence, wall or other means of enclosure. 

 

29.             Prior to first occupation of the development, the proposed service yards shall be constructed and surfaced in accordance with details which have previously been submitted to and approved in writing by LPA. The service yards shall be retained free from external storage of materials that restricts appropriate turning of large vehicles and shall remain unobstructed and available for use for servicing at all times.  

 

30.             That within  SIX months of the first use of the Sainsburys superstore retail units C1-C4, EY1-EY4, WEB1 and ET1 together with kiosks 1-3 along the new street shown on the approved plans as Bure Place shall be constructed and completed to a shell capable of use in accordance  with the details approved under planning permission ref no. 07/00422/F

 

31.             That within six months of the completion of Block A the intended improvements works to the external appearance of the Ex-Servicemens Club and its forecourt shall be undertaken and completed in accordance with precise details to be submitted to and approved by the LPA

 

32.             That prior to the first use of any retail unit or the Sainsbury unit hereby approved the intended walls to the new street known as Bure Place which are to screen the service road to Tesco (49-57 Sheep Street) and the rear of 72 Sheep Street shall be constructed in accordance with precise details to be submitted to and approved by the LPA

 

33.             No development shall commence until there has been submitted to and approved in writing by the LPA   a scheme for landscaping the site which shall include details of all proposed tree and shrub planting including species, number, sizes and positions, together with all grass seeded areas. 

 

34.             That all planting, seeding or turfing comprised in the approved details of landscaping in respect of Condition 33 above shall be carried out in the first planting and seeding seasons following the occupation of the building(s) or on the completion of the development, whichever is the sooner;  and that any trees and shrubs which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for any variation. 

 

 

 

35.             No part of the development shall be occupied until details of the means of refuse storage and disposal/collection and recycling provision (arising from the development hereby approved) for that part of the development have been submitted to and approved in writing by the LPA. Details shall include receptacles for refuse, siting of such receptacles and arrangements for their removal. The approved scheme shall be put in place before first occupation of the units to which the approved provisions relate and the refuse/recycling storage, collection and disposal shall be carried out in accordance with the agreed strategy at all times thereafter.

 

36.             The development shall be undertaken in general accordance with the energy efficiency statement proposed by Synergy and submitted with the application (as subsequently amended)

 

37.             The proposed foodstore shall be constructed to at least a BREEAM 'good standard'. 

 

38.             All unfixed external seating and tables shall be removed outside of the trading hours of the premises with which they are associated. 

 

39.             No external seating or tables shall be provided within the site unless and until details of the extent and nature of the demarcation of the seating areas has been submitted to and approved in writing by the LPA. The areas shall be defined and operated in accordance with the approved details at all times they are in use.

 

40.             Prior to the first occupation of any part of the development hereby permitted fire hydrants shall be provided or enhanced within the site in accordance with details to be first submitted to and approved in writing by the LPA. 

 

41.             No development shall commence until details of the proposed temporary bus interchange facilities to be provided during construction, including details of bus stands, signage and shelters, have been submitted to and approved in writing by the LPA. The approved temporary arrangements shall be put in place and be available for use before the use of the existing bus station ceases and the temporary bus interchange facilities shall be retained until such time as the permanent bus interchange facilities hereby approved are completed and available for use unless otherwise approved in writing by the LPA.

 

42.             No externally mounted plant or equipment (except within the service yard of Building A) shall be installed or erected unless details have first been submitted to and approved in writing by the LPA. 

 

 

 

 

43.                   Notwithstanding the details shown on the submitted plans, details of the type, location, design, screening and acoustic performance of all internal and external plant and machinery (including coolers, air conditioning plant and plant or ventilation) to be provided in connection with the development shall be submitted to and approved in writing by the Local Planning Authority prior to their installation and operation.  The development shall be carried out and thereafter be permanently retained, maintained and operated in accordance with the approved details.

 

44.                   That prior to the first use of the Sainsburys superstore or any other retail unit a schedule for the provision of facilities for taxis shall be submitted to and approved by the LPA and the agreed facilities shall therefore be provided and maintained.