North Yorkshire Council
Community Development Services
Thirsk and Malton Area Planning Committee
17 July 2025
ZE24/00112/MFUL - Erection of a retail unit (Class E) with associated car parking, access, hard and soft landscaping and associated works at land north of Commercial Street, Norton, North Yorkshire
Report of the Assistant Director - Planning – Community Development Services
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1.0 Purpose of the Report 1.1 To determine a major planning application for the erection of a retail unit (Class E) with associated car parking, access, hard and soft landscaping and associated works at land north of Commercial Street, Norton, North Yorkshire. 1.2 This has been brought to Planning Committee as the land is partly owned by a Councillor and therefore excluded from the scheme of delegation the application therefore needs to be considered by the planning committee.
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2.0 EXECUTIVE SUMMARY
RECOMMENDATION: That the Committee indicate that they are minded to approve the application subject to the prior completion of a Section 106 agreement to secure matters detailed below and subject to the conditions set out in the recommendation and delegate the decision to the Head of Development Management.
2.1. This application is for the redevelopment of a vacant site within the centre of Norton for a Class E Food store. Part of the site is the former ATS Euromaster tyre repair centre which has since been demolished. The remainder of the site is overgrown scrub land to the rear of the properties on Commercial Street. The site is bound to the north by the railway and to the western, eastern and southern boundaries are residential and commercial uses within the town centre. The western part of the site had residential consent from 2014 (14/00947/MFUL) for 37 one bedroom apartments, 20 two-bedroom apartments and 5 three bedroom dwellings. Whilst being extant, it was never progressed as the former applicant claiming it was unviable.
2.2. The proposal involves a 1,802 sqm food store, which has 1,212 sqm of retail floor space. The proposal also includes an 89-space car park. The site is accessed from Commercial Street with the main building located towards the east of the site and car park to the west.
2.3. The site is within the Norton Conservation Area, an archaeologically sensitive location within the development limits of Norton. A small part of the site is within and adjoining the town centre commercial limits for Norton.
2.4. The principle of developing the site for residential purposes has previously said to be unviable, therefore alternative uses can be considered. The scheme represents a significant investment in Norton Town Centre and is sustainably located. This accords with Chapter 7 of the NPPF ‘Ensuring the vitality of town centres’ states planning decisions should support the role that town centres play at the heart of local communities, by taking a positive approach to their growth, management and adaptation.
2.5. Whilst such uses should primarily focus on Malton Town centre (Policy SP7-Town Centres and Retailing) the applicant through a sequential approach provided within the Planning, Retail and Heritage Statement has demonstrated that there are no more suitable sites available within the commercial area to accommodate the development. The Retail Impact Assessment has also demonstrated that the development will not cause any significant harm to existing retail provision.
2.6. In terms of design and impact on the character of the area, the building occupies a tight site. However, the scheme has been designed to maximise the development opportunity. The building in its amended form is considered a welcome addition to the townscape. The proposal involves very minimal tree loss, and a satisfactory landscaping scheme accompanies the submission.
2.7. The site utilises an existing access, proposes sufficient on-site car parking and through the Transport Assessment has demonstrated the development to be safe and can be accommodated into the highway network. An Interim Travel plan has also been provided to demonstrate sustainable transport initiatives. A legal agreement is necessary to secure payment of Travel Plan Monitoring and a contribution towards off site pedestrian improvement works on Church Street.
2.8. The development is surrounded on 3 sides by existing development. The size, location and scale of the development is not considered to harm residential amenity and the noise report with mitigation has been found to ensure noise from the store will not negatively affect surrounding land users. Store opening and delivery times have been conditioned.
2.9. The site is located partly within Flood Zones 2 and 3. The Flood Risk Assessment and Drainage Plan demonstrated that floor levels of the site will be raised to guard against future flooding and all surface water will be controlled on site and released to a combined public sewer due to unsuitable ground conditions and contamination risks. This satisfied the relevant drainage bodies. The applicants within the Planning, Retail and Heritage Statement also demonstrated that there were no sequentially preferable sites and therefore the sequential test is passed.
2.10. The site is in a sensitive area for nature conservation and protected species. The applicants produced a shadow Habitat Regulations Assessment, which is adopted by the Local Planning Authority and agreed by Natural England. Biodiversity Net Gain is to be provided off site.
2.11. The site lies within the Norton Conservation Area and key views into the site are limited. The amended building design and materials will ensure it will not detract from the Conservation Area thereby complying with the requirements of Policy SP12 of the Local Plan Strategy, Section 16 of the NPPF. Likewise, the site is sensitive for archaeological deposits and a condition is recommended requiring a scheme of archaeological mitigation recording.
2.12. The scheme represents no concerns over air quality as it is outside the Air Quality Management Zone. There will also be no risks to human health as a result of contamination subject to conditions requiring a phase 2 assessment, remediation works, verification of any works and reporting of any unexpected contamination.
2.13. The site lies south of the railway line. Through the submission of landscaping, drainage and lighting plans, Network Rail raise no objections subject to conditions covering the need for fencing details.
2.14. The application site is located within an area identified for the safeguarding of mineral resources, specifically sand and gravel. This site is partially previously developed therefore part exempt, and the remainder of the site is within an urban location therefore unsuitable for mineral extraction.
2.15. Therefore, the proposal involves a range of sensitive planning issues. However, the scheme is considered to be acceptable and in line with the NPPF and Local Plan Strategy.
3.0 Preliminary Matters
3.1. Access to the case file on Public Access can be found here:
View and comment on planning applications in the Ryedale area | North Yorkshire Council
Search by reference
3.2. The proposal has been the subject of pre application discussions (23/00323/PREAPP) and a public consultation event was held by the applicants 26.10.2023.
3.3. The application has been amended during its consideration, with amendments made to the design of the building to address its impact on the Conservation Area, changes to the layout and landscaping to resolve objections from the Environment Agency and Yorkshire Water and changes to highway information.
3.4. History
14/00697/FUL – Demolition of 2 buildings. Approved 28.8.2014. (This was the ATS Euromaster building’s L shape formation)
14/00947/MFUL – Erection of 37no.one bedroom apartment, 20no two-bedroom apartments, 5 3no bedroom dwellings with under croft parking private and communal amenity areas, landscaping, alternation to existing vehicular access and erection off-street front commercial unit with one bed studio above. Granted 28.8.2015. (This was on the proposed car park area)
18/00327/COND – Discharge of conditions 02, 03, 04, 05, 10, 12, 13, 14, 16, 20, 22, 23, 24, 28 and 29 of approval 14/00947/MFUL dated 28.8.2015.
18/01366/FUL – Change of use of former garage site for use as a temporary car park (3 years). Granted 21.02.2019, expired 21.2.2022. This was only on part of the site owned by ATS Euromaster and the use has now ceased.
22/01368/FUL – Change of use and alteration of the former dance hall to form 4 no one bedroom apartments with associated access car parking, cycle store and landscaping. Approved 6.7.23. This shows access taken from the Aldi application site.
23/00323/PREAPP – Erection of a food store with associated vehicular access, parking, landscaping and associated works.
ATS Euromaster site
83/00088/OLD (3/96/391/PA) – Construction of an extension to existing tyre depot to form new office. Approved 02.08.83.
85/00102/OLD (3/96/391A/PA) – Construction of store and commercial type fitting bay. Approved 02.07.1985.
86/00108/OLD (3/96/391B/PA) – Erection of new store and commercial fitting bay. Approved 2.9.86.
87/00095 (3/96/391C/FA) – Erection of an electricity substation. Approved 28.4.87.
87/00096/ADV (3/96/391/AI) - Display of externally illuminated fascia signs together with the erection of an internally illuminated pole sign and box unit. Approved 21.1.88.
89/00117/ADV 3/96/391E/AI Display of externally illuminated wall mounted panel sign. Approved 13.11.89.
3.4 The application was accompanied by the following plans and supporting information Some of these documents have been subsequently updated:
- Planning, Retail and Heritage Statement prepared by Avison Young
- Design and Access Statement (December 2023), prepared by Projekt Architects;
- Statement of Community Involvement (January 2024), prepared by Avison Young;
- Air Quality Assessment (November 2023), prepared by NJD Environmental Associates;
- Preliminary Ecological Assessment (September 2022), prepared by Total Ecology;
- Nesting Bird Report (August 2023), prepared by Total Ecology;
- Biodiversity Metrics including Biodiversity Metric Calculation Tool (January 2024), prepared by Total Ecology; (calculation tool to follow by email due to file type)
- Arboricultural Impact Assessment (October 2023), prepared by All About Trees;
- Arboricultural Method Statement (October 2023), prepared by All About Trees;
- Flood Risk and Drainage Assessment (January 2024), prepared by Hydrock 3E;
- Phase I Geo-Environmental Desk Study (including CMRA)(August 2021), prepared by Hydrock 3E;
- Phase 2 Geo-Environmental Assessment (October 2023), prepared by Hydrock 3E;
- Noise Impact Assessment (January 2024), prepared by Paul Horsley Acoustics;
- Transport Assessment (December 2023), prepared by Andrew Moseley Associates;
- Travel Plan (Interim) (December 2023), prepared by Andrew Moseley Associates;
- Former ATS Tyre Depot Archaeological Evaluation Report (September 2014), prepared by MAP Archaeology;
- Land at Commercial Street Archaeology and Heritage Desk Based Assessment (August 2023), prepared by MAP Archaeology;
- Land at Commercial Street Archaeological Evaluation by Train Trenching (October 2023), prepared by MAP Archaeology;
- Shadow Habitats Regulations Assessment V3.
4.0 Site and Surroundings
4.1 The application site is located in the settlement of Norton which lies to the southeast of Malton and is separated by the River Derwent and the railway line. The site lies behind the terraced properties to the north of Commercial Street, on the former ATS Euromaster tyre site. To the north is the railway line (Malton - Scarborough), to the west are residential flats, to the east are domestic dwellings and commercial buildings fronting Wallgates Lane. To the south are the rear of the properties on Commercial Street which are mainly terraced commercial properties with residential uses above and to the rear and extend north towards the application site.
4.2 The site sits in the centre of Norton and is accessed from Commercial Street. The sustainable location of the site is accessible by road, on foot and close to large residential areas. The site is also located on a bus route.
4.3 Part of the site was last occupied by ATS Euromaster, which had 3 main buildings on part of the site that were used as service sheds. These have since been demolished and the site has remained vacant for over 9 years. The land has been temporarily used as a parking area for a 3-year period in the intervening years (application reference 18/01366/FUL).
4.4 The application site is broadly rectangular running east-west and sits on 2 levels – the large concrete hardstanding left over from the demolition of the tyre services shed, and a lower overgrown untouched area.
4.5 The site sits within the Norton Conservation Area and is regarded as being partially previously developed land with the remaining land to the east and west being undeveloped scrub i.e. greenfield. Views into the site are somewhat limited.
5.0 Description of Proposal
5.1 This application is a major application for the erection of a retail unit (Class E) with associated car parking, access, hard and soft landscaping and associated works.
5.2 The proposed development consists of a single storey Aldi store described in the submission as a blade-roof building, being a single mono pitch with the main frontage elevation facing west and the roof sloping from the south to the north. This main building will occupy the eastern part of the site to the rear of No29-55 Commercial Street.
5.3 The existing access to the site will be upgraded and walled with vehicular access serving an 89-space car park and landscaping to the west of the site to the rear of No.3 -17 Commercial Street.
5.4 The Aldi store would broaden the range of food retail facilities and improve choice for nearby residents. The proposed opening hours of the store are 0800 to 2200 hours Monday to Saturday and for six consecutive hours between 0900 and 1800 on Sundays.
5.5 The overall application site area is 0.71 Ha, being a neighbourhood shopping facility. The proposed foodstore is 1,802sqm gross external area (1,660sqm gross internal area) with a net sales area of 1,212 sqm. The proposal also includes 3 no. parking bays on the western part of the access road to replace the on-street parking that will be removed from Commercial Street by the junction improvement works.
6.0 Planning Policy and Guidance
6.1. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that all planning authorities must determine each application under the Planning Acts in accordance with Development Plan so far as material to the application unless material considerations indicate otherwise.
Adopted Development Plan
6.2. The Adopted Development Plan for this site is the
Ryedale Plan, Local Plan Strategy (adopted September 2013)
Ryedale Plan - Local Plan Sites Document (adopted June 2019)
6.3. The relevant policies in the RPLPS (2013) are considered to be:
Policy SP1 General Location of Development and Settlement Hierarchy
Policy SP7 Town Centres and Retailing
Policy SP12 Heritage
Policy SP14 Biodiversity
Policy SP16 Design
Policy SP17 Managing Air Quality, Land and Water Resources
Policy SP19 Presumption in Favour of Sustainable Development
Policy SP20 Generic Development Management Issues
The Ryedale Plan - Local Plan Sites Document (2019)
SD1 -Existing residential commitments
SD14 – Retail commitments
Minerals and Waste Joint Plan, adopted 2022
The site is within a minerals safeguarding area and the following policies contained within the MWJP are relevant:
Policy S01: Safeguarded Surface Mineral Resources
Policy S02: Developments proposed within safeguarded Mineral Resources areas.
Policy S07: Consideration of applications in Consultation Areas
Emerging Development Plan – Material Consideration
6.4. The North Yorkshire Local Plan - no weight can be applied in respect of this document at the current time as it is at an early stage of preparation.
The Malton and Norton Neighbourhood Plan
6.5. The Neighbourhood Plan adopted 13.11.2024 is given full weight in the planning balance.
Guidance - Material Considerations
6.6. Relevant guidance for this application is:
- National Planning Policy Framework 2024
- National Planning Practice Guidance
- National Design Guide 2023
- The Planning (Listed Buildings and Conservation Areas) Act 1990
7.0 Consultation Responses
7.1. The following consultation responses have been received and have been summarised below. Please see online planning register for full comments. Full public consultation initially took place in early 2024, with further consultations with specific consultees in early 2025 in response to specific issues raised.
7.2. Norton Town Council: No objection.
The Town Council have agreed to back this project. The increased footfall to the town centre and the associated increase in job opportunities will support the other local businesses around it and ensure that an area of wasteland is turned into a more pleasant shopping area. However, the council have concerns regarding traffic management and associated increase in air pollution that will need to be addressed by the applicant before the groundworks begin to be laid. Ultimately, the council believe this will be a benefit to the area but hope that North Yorkshire will look closely at the traffic management issues prior to permission being granted.
7.3. Ward Member(s): No representations were received from ward members.
7.4. Natural England: No objection following amendments to the information submitted.
(11.4.24) – Initial objection from Natural England due to insufficient information being submitted in respect of a Habitats Regulations Assessment (HRA) due to the application site being in close proximity to the River Derwent Special Area of Conservation (SAC). The HRA should also include an assessment of potential water quality impacts from leachate. Natural England also note that there is no assessment of potential impacts of the proposal on the River Derwent SSSI site. This should include assessment of potential noise impacts on birds associated with the SSSI during construction and operation.
(3.7.24) – In response to shadow Habitat Regulations Assessment V1 – As submitted, the application could have potential significant effects on the River Derwent Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI). Natural England requires further information in order to determine the significance of these impacts and the scope for mitigation. The following information is required:
· Further assessment of potential water quality impacts from leachate.
· Further information relating to potential noise impacts on otter.
· Further information relating to potential noise impacts on birds associated with the River Derwent SSSI.
(13.8.2024) – In response to sHRA V3 July 24. No objection following the submission of the July 2024 shadow Habitat Regulations Assessment. The following mitigation options should be secured by condition or obligation:
· Implementation of all relevant mitigation measures as outlined in the shadow Habitat Regulations Assessment (July 2024).
7.5. NYC Ecology: No objection based on the revised information and given Natural England were satisfied with the shadow HRA.
(14.2.2024) – The Preliminary Ecological Appraisal (PEA) and biodiversity net gain (BNG) report describes the site as supporting a mixture of hard-standing, scrub and urban woodland. Few risks to protected/important species are identified.
Impacts on the River Derwent
The River Derwent upstream and downstream of the centre of Norton is a Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI). In paragraph 5.3 of the PEA, it is stated that effects on the SAC/SSSI are unlikely. This statement isn’t really evidenced; for example, has the discharge of foul and surface water (including drainage from the large car park) been considered?
The ecology team advice is that due to the location of the site south of the railway line and off the floodplain, there are unlikely to be any direct effects on the River Derwent or the features for which the SAC/SSSI is notified. However, the council must consider whether any other significant effects are likely, particularly in relation to drainage and hydrology. These issues are outside the professional remit of the ecology team, and advice should be sought from an appropriate specialist. If significant effects cannot be ruled out, the council will need to undertake an appropriate assessment under the Conservation of Habitats & Species Regulations 2017, in consultation with Natural England. This is known as Habitat Regulations Assessment (HRA). The council must record its decisions in relation to HRA, e.g. in officers’ reports.
Biodiversity Net Gain
The BNG report (page 22) projects a net-loss for area-based habitats of 51.88%. The applicant will need to demonstrate how they would make good this deficit, either on-site, off-site or via a third-party provider.
Construction Environmental Management Plan
The PEA sets out a number of recommendations in relation to ecological mitigation (see section 5.5). Construction-phase measures should be incorporated into a Construction Environmental Management Plan. Ecological enhancement measures should be detailed in a Landscape & Ecological Management Plan along with an explanation of how new/retained habitats would be created, managed and monitored for a period of at least 30 years. The CEMP and LEMP should be submitted for approval prior to commencement.
(14.3.24) Paragraph 4.4. of the Preliminary Ecological Appraisal states that no invasive plant species were recorded within the site boundary, yet the Ground Investigation Report by Hydrock (dated 30 October 2023) refers to (and delineates) “a large area of Japanese Knotweed”. This needs to be clarified.
The Phase 1 Geo-environmental report refers to the risk of leachate affecting the River Derwent (reflecting the prior use of the site for various industrial purposes). This will need to be considered as part of the HRA screening assessment.
(14.3.24) - Impacts on the River Derwent – if surface water is to be disposed of via the combined Yorkshire Water sewer, this prevents any significant impacts on the River Derwent Special Area of Conservation. However, drainage matters are outside the ecology team’s remit.
(20.3.24) - Japanese Knotweed: The ecologist agreed for a condition to submit a plan or Method Statement for removal of Japanese Knotweed, either as a stand-alone document or as part of the CEMP or remediation plan.
Habitat Regulations Assessment: Because leachate and hydrology are outside the ecology team’s professional expertise, this will be down to Planning to commission relevant specialists to prepare the HRA.
BNG: The application pre-dates the introduction of Mandatory BNG and can be secured by condition.
(5.6.24) The Shadow Habitat Regulations Assessment (sHRA) identifies construction noise and risks of accidental pollution (from chemical spills or airborne) as having potentially significant effects on the River Derwent SAC/SSSI and the features for which it is designated. Stage 2 assessment identifies mitigation measures which would control these risks to the extent that significant effects are unlikely. These measures, summarised in Table 9, would form part of the CEMP for the development. No significant effects are likely to arise from the operation of the site once construction is completed.
The findings and conclusions from the Assessment seem reasonable and proportionate as far as they go, although pollution is outside the professional remit of the ecology team and it is essential that Assessment is reviewed by an appropriate expert. However, the ecologist notes that Natural England’s response of 11 April 2024 stated:
“The HRA should also include an assessment of potential water quality impacts from leachate... We will provide further advice once this information is submitted”.
The ecologist was surprised Natural England’s advice has not been referred to in the Assessment. While risks of chemical and fuel spillage, dust and construction-phase pollution are identified, there is no mention of leachate and it is suspected Natural England would therefore reject the sHRA.
On the matter of potential disturbance to breeding birds during the construction phase, e.g. from noise, this relates to a feature for which the SSSI is designated but not the SAC.
Our approach would have been to first establish the sensitivity of the location in terms of riparian breeding birds. To the best of the ecologists’ knowledge, the urban river at Malton/Norton is not important for the bird assemblage referred to in the SSSI citation. It lacks habitat such as extensive shingle bars and sandy cliffs required by some of these species and is subject to high levels of urban pressures. Checks of the riverbanks from publicly accessible locations and Council-owned land (e.g. Norton Ings) would confirm this.
(16.6.24) Concerned that leachate risk is still dealt with quite superficially and this may need some technical input from a specialist; As a risk is identified in the Phase 1 Geo-environmental Report, this needs to be addressed. Otherwise, the ecologists only comment would be that paragraph 6.2 might be misconstrued: “Without appropriate mitigation measures in place, it is likely that pollution to the river could occur via air (dust) and land (siltation/ chemical/ leachate).”
7.6. Flood Risk Management Team: No objection. The following documents are noted:
· Flood Risk and Drainage Assessment, Hydrock, Ref P21-173-HYD-XX-XX-RP-C-0500 Revision P02 dated 10/4/2024.
· Proposed drainage layout, Hydrock, Reference 79-E1625-HYD-ZZ-X-DR-C-1000 Revision P02, dated 09/04/2024.
Run off – The applicant has highlighted that the site will discharge to a nearby combined sewer, following the drainage hierarchy of discharge locations, this is acceptable to the LLFA.
Flood Risk- The site is listed flood zones 3 and 2. The applicant has used EA models to show that the development benefits from defences up to a standard protection of 1:50 from fluvial flooding The applicant has shown, based on EA modelling that the site would have a flood of 19.887m AOD for the 1:100 plus 20% climate change event. AQ 600mm freeboard has been proposed to set Finished Floor levels at 20.500m AOD.
The LPA should satisfy itself as to the need for an exception test and consider if its satisfied. Peak Flow control – A peak flow rate of 5l/s is proposed which is acceptable to the LLFA. Volume Control – New hydraulic calculations have been submitted which has been designed appropriately with storage volume of 299.95m3. The submitted documents demonstrate a reasonable approach to the management of surface water on the site. Conditions are recommended.
7.7. Conservation officer – (21.2.24) No objection in principle. The external facing materials that better reflect the Conservation Area such a brick should be used on the walls of the building. If the application is to be approved, please condition details of any lighting, signage in order to be in keeping with the conservation area.
22.10.24 – (Comments following amended plans) A red brick and more visually recessive grey cladding as the revised proposal sets out will better reflect the surrounding materials.
7.8. Archaeology – No objection subject to conditions.
The application includes an archaeological desk-based and heritage assessment prepared by MAP Archaeological Practice. The desk-based assessment is supported by reports on archaeological trial trenching including a previous report from 2015 on the western half of the site and newly commissioned work in the eastern part of the site.
The trial trenches have demonstrated that deposits of the Roman period survive within the development area but that these are differentially preserved. The earlier trenching, followed by a set piece archaeological excavation, revealed evidence of well-preserved Roman features and possible buildings within the western part of the site. The more recent trenching demonstrated that modern overburden, of considerable depth, overlays natural alluvial deposits.
The proposal is for a new supermarket and associated car parking. The new build elements are located in the eastern half of the development area and this should have a limited impact on the basis of the presence of modern overburden. The car park to the west is situated in the area of higher potential and in theory, this should have a low impact. Further information on formation levels, drainage and services would be required to establish the exact impact.
The archaeological desk-based assessment concludes that archaeological remains will either be preserved in situ, either below formation level, or where this is not achievable then archaeological mitigation recording will take place prior to development. The Councils’ archaeologist agrees with this recommendation which could be secured by means of a planning condition.
The archaeologist advises that a scheme of archaeological mitigation recording is undertaken in response to the ground disturbing works associated with this development proposal. This should comprise an archaeological strip, map and record to be undertaken in advance of development, including site preparation works, top soil stripping, excavations for new foundations and new drainage or services, to be followed by appropriate analyses, reporting and archive preparation. This is in order to ensure that a detailed record is made of any deposits/remains that will be disturbed.
Condition: Written Scheme of Investigation required.
7.9. Designing out crime officer – (23rd Feb 2024) No objection. Overall design of the proposed development is appropriate and raises no significant concerns in relation to Designing Out Crime. However, there are some measures, which if incorporated, would enhance the security of the scheme and these are listed below.
· Provision of designated parking for powered 2‐wheeled vehicles.
· Cycle parking should be under cover.
· Security lighting should be fitted to all elevations
· Provision of appropriate lighting to car park
· Installation of CCTV to cover the loading bay area.
15.8.24 – (Comments on lighting plan) In relation to car park lighting, this should meet the current BS5489 standards and the applicants should confirm this. In relation to comments suggesting that all external elevations containing a doorset or window at ground floor level, should be illuminated with security lighting, the lighting drawing does not appear to show any security lighting fixed to the building and therefore does not deal with this matter.
7.10. Highways – No objection subject to conditions and the inclusion of a Section 106 agreement.
(27 Feb 24 - Initial response) - Holding objection. Initial concerns raised over the site visibility due to the bus stop east of the entrance and the accuracy of the plans i.e. entrance footways and swept path analysis. Parking provision was found to be in line with the NYC parking standards of 1 space per 18m2 GFA in market town locations. Further information was required to inform the Transport Assessment i.e. trip data, delivery routes, trip distribution, committed development, footpath routes and no road safety audit has been carried out.
The site is regarded to be in a good location to be able to promote sustainable travel options, especially if staff live locally to the store in the nearby residential areas. The Travel Plan also required adjustment.
(14.5.2024 – 2nd highway comments).
The following additional documents submitted April 2024 have also been reviewed following the LHA’s response in February.
• AMA Highways Technical Note - Commercial Street, Norton
• AMA Travel Plan - 48014 - Commercial Street, Malton
• Commercial Street, Malton - 48014 - Transport Assessment
Concerns still raised over the access and conflict with the bus stop over visibility splays. The bus stop needs relocating. Officers were satisfied with swept path analysis and the revised Transport Assessment. The travel plan requires a minor adjustment and RSA stage 1 / 2 road safety audit should be conducted.
(20.2.25 final response) - The LHA has received additional technical notes and information since their previous consultations and subsequent comments.
Access - At the request of the LHA, the applicant has considered alternative options to the proposed relocated parking on the site entrance road to improve access/egress for delivery vehicles to and from the public highway. This has concluded that the removal of the parking bays would have no effect on the swept path of the HGV’S. Due to the tight nature of the site and the High Street, the installation of a right turn lane is not feasible, however HGV deliveries will be restricted to quieter times outside of peak hours, with the 20mph speed limit along the high street offering other road users sufficient time and visibility of a turning HGV in and out of the site.
The applicant has confirmed that the bus stop will be re-located further west along Church Street, ensuring the hourly bus service does no longer stop within the site entrance, access is not blocked, and visibility not restricted.
Therefore, the LHA consider the access proposals satisfactory, with the majority of pedestrians accessing the store via a 2m wide footway, from the eastern side of the entrance, the 1m footway to the western side of the access will predominantly serve the 3 parking bays located here, with pedestrians able cross from the west to the east via a proposed dropped tactile crossing at the entrance. The footway extensions at the site entrance will accommodate the required visibility splays that will result in the loss of on street parking bays, as discussed above. The relocation of the bays has been reviewed in consultation with local businesses on the high street.
The LHA has recommended a condition covering the requirements.
Cycle parking - As part of the travel plan and cycle facility provision, cycle parking is provided. Cycle parking for employees and shoppers arriving by bicycle is provided at the front of the store to ensure natural surveillance. The scheme proposes eight Sheffield cycle hoops.
Transport Assessment - The development is calculated to generate 52 two-way PM and 71 SAT two-way trips through the Church Street/Castlegate/Welham Road junction, the trip type associated with the development is 50% pass-by trips and 50% new trips. This is stated in the Transport Assessment.
In likelihood, the development would generate less traffic than this as the TRICS assessment for the store has been re-run with the parameters requested by the LHA with the latest data indicating the store would generate less traffic than that which has already been assessed in the Transport Assessment. This assessment has also removed surveys that were collected in 2020 and 2021.
Observed queue data has also been provided, indicating queues are longer than what is stated in the TA, a possible reason for this is due to the operation of the railway line level crossing which is closed twice an hour. The information provided in the TA is considered a robust assessment of the impact on the highway network.
Travel Plan - The amended travel plan now makes reference to the bus stop relocation. The relocation of the bus stop on Church Street will trigger an increase in pedestrians using the existing pedestrian crossing to access the bus stop. The LHA therefore seeks a contribution, as detailed in the recommendation, to upgrade this crossing and mitigate the increased use as a result of this development.
In addition, the LHA has recommended a £5000 travel plan monitoring fee to be included within any S106 agreement.
RSA 1 / 2 - A stage 1/ 2 Road Safety Audit has been carried out on the design proposals, problems identified include the location of existing service covers and drainage. These matters will be addressed during detailed design and as part of any S278 review process.
7.11. Environmental Health – (27.6.24) – No objection subject to conditions. The development is located near sensitive receptors which may be adversely affected by construction noise during the construction phase. The Environmental Health unit therefore recommends the hours of construction / demolition be controlled by condition to ensure that the residential amenities of nearby occupiers are protected.
The EHO accepts the finding of the Noise Assessment together with the recommendations for the mitigation of noise from the car park, noise from the deliveries and noise from the fixed plant. This unit recommends that a verification condition for noise be placed on this application, that Prior to first occupation of the development, verification that the approved sound insulation scheme has been implemented and is fully operational shall be submitted to and be approved in writing by the Local Planning Authority.
With regards to land contamination, the submitted documents above have been reviewed and this unit accepts the finding of the reports that there is land contamination on the site and this unit accepts the recommendations from the phase 2 report that all areas of soft landscaping will be required to mitigate any potential risk to future end users. This will require a minimum of 600mm of clean ‘suitable for use’ imported soil. A verification report that the soil used is clean must be submitted to the local planning authority for approval. This unit also recommends that the fragments of (ACM) on the site be removed prior to construction. This unit notes that further ground water and ground gas investigations are required in order to establish the likelihood of contamination and therefore the remediation if contamination is present.
7.12. Network Rail – (5.6.24) No objection. Initially highlighted that further information would be required and controlled through condition. The applicants submitted details of lighting, drainage and landscaping which prevented the need for conditions. Final response dated 14.8.2024 and suggested conditions covering the need for vehicle incursion and lineside fencing.
7.13. Scientific team (Air quality) – No objection.
7.14. Environment Agency – (15.5.25) – No objection subject to a condition ensuring the development is carried out in accordance with flood risk assessment, titled ‘P21-173-HYD-XX-XX-RP-C-0500’, dated 27/03/2025 and the following mitigation measures it details:
• Finished floor levels shall be set no lower than 20.287 metres above Ordnance
Datum (AOD)
• Compensatory storage shall be provided as detailed in the FRA.
(13.1.25) – Objection maintained. The submitted FRA does not comply with the requirements for site-specific flood risk assessments, as set out in paragraphs 20 to 21 of the Flood Risk and Coastal Change planning practice guidance and its site-specific flood risk assessment checklist. The FRA does not therefore adequately assess the flood risks posed by the development. In particular, the FRA fails to: Address the need for compensatory flood storage.
(5.11.24) Objection. The site lies within Flood Zone 3, with a high probability of flooding from rivers. The application for a retail unit, is considered to be a ‘less vulnerable’ land use in Annex 3 of the National Planning Policy Framework. The submitted FRA does not comply with the requirements for site-specific flood risk assessments, as set out in paragraphs 20 to 21 of the Flood Risk and Coastal Change planning practice guidance and its site-specific flood risk assessment checklist. The FRA does not therefore adequately assess the flood risks posed by the development. In particular, the FRA fails to address the need for compensatory flood storage.
7.15. Yorkshire Water – Holding objection. (expected to be resolved by the time the application is presented to members)
9.6.24 – Objection remains. The submitted revised, Proposed Landscape Plan NSH 013 P101 (revision G) dated 07/05/2025 is unacceptable. The revised submitted drawing appears to show new tree planting (5 Acer campestre species proposed) over the public sewer located along the northeastern corner. The submitted drawing should show the site-surveyed position of the public sewer crossing the site and the drawing should show the required building stand-off from public sewer or an agreed alternative scheme. Although a 10 metre sewer easement is shown along the eastern red line boundary but it is not shown at the north east corner of the site.
13.11.24 – Objection. It appears from the submitted site landscaping that tree planting will be sited in close proximity the public sewer located within the site. This could seriously jeopardise Yorkshire Water's ability to maintain the public sewerage network and is not acceptable. YW advise site layout is amended to allow for adequate protection of the sewers.
The drainage details submitted on drawing NSH 013 P101 (revision D) dated 25/01/2024 that has been prepared by Nicola Hills Studio require amendments. The submitted drawing appears to show tree planting within close proximity to the public sewer crossing the site, this is unacceptable.
On the Statutory Sewer Map, there are two 300 mm diameter public combined water sewers and a small diameter combined sewer recorded to cross the site. It is essential that the presence of this infrastructure is taken into account in the design of the scheme.
7.16. Trees and Landscape officer – No objection. The site is mainly covered in self-seeded scrub, with little regard to any tree protection or replacement of a potential ecological oasis. Tree planting should be included as part of the car park design.
7.17. Economic Development – No response received.
Local Representations
7.18. The application was advertised via site notices 5.3.25 & 19.3.2024 and via the press notice in the Gazette and Herald published 14.2.24. Neighbour letters were also sent.
7.19. Local representations have been received of which 9 are in support and 2 are objecting. The council also received a representation from Rapleys on behalf of Lidl objecting to the scheme along with a response from Cora IHT highway consultants representing Lidl. A further representation form Cllr Thackray was received commenting on air pollution. A summary of the comments is provided below. Please see website for full comments.
7.20. Comments in Support:
· Malton/Norton has a range of small independent shops but very few good quality, large supermarkets. If it is approved, this will give residents a much better choice of grocery shopping, and at better prices too, which is valuable in these times.
· It will also help boost Commercial Street in Norton - which currently is seldom a shopping venue of choice.
· It will support employment locally, creating new jobs for local people which is very helpful, when other employers are cutting back.
· It would boost the local economy and provide a greater shopping experience for residents.
· It would provide a significant investment by Aldi of approximately £6m into the local economy. It will promote competition between stores and keep prices competitive.
· It will ease congestion in Malton.
· Huge boost for the community and support the expanding towns of Malton and Norton. It will reuse a brownfield site and remove the current eyesore.
· The positives far outweigh the negatives of the scheme.
·
7.21. Objections:
· Concerns raised from adjacent landowners to the west of the site that the development may cause additional surface water flooding through run off, with nearby basements already having to pump out water in the area during extreme weather. The planning application fails to address any of these concerns or provide adequate mitigation measures i.e. no water storage tanks on site.
· Concerns over access for maintenance of boundary wall to the west.
· Additionally, a large tree has been positioned in the south west of the car park. This will obstruct light and poses a risk of root damage to property foundations. Boundary fencing will cause a loss of light.
· Construction may block access from Commercial Street and cause distribution.
· The supermarket will cause noise pollution when operational.
· A new supermarket is going to mean a further increase in traffic on Commercial Street, leading to more queuing traffic and fumes in the town centre and harmful air pollution.
· Concern over late night deliveries, this would cause noise and disturbance to residents living in Commercial Street & Scarborough Road through the constant buzz of refrigerated trailers, horns blowing to alert staff in the shop that a delivery has arrived or the reversing alarms as the HGV’s reverse into the loading bays and the rattle of trolleys as the HGV’s are unloaded.
· Concerns over ecology with a nett loss on BNG. The site is the natural habitat of protected species- both crested newts and also toads, where they hibernate overwinter. During spring, they migrate in large numbers and cross the main road to get into the ponds & back gardens of the houses opposite the proposed entrance to the proposed Aldi site.
· The proposed car park at the Aldi site is also a natural flood plain for the river, during times of high water (which is a number of times a year) over half the land appears to be flooded. If Aldi managed to maintain water drainage of the proposed car parking area, the displaced extra water that is diverted into the river, is likely to put even more strain on County Bridge, which is a short distance downstream and it could possibly have a knock-on effect causing more local homes to be flooded.
· Concerns over the accessibility for wheelchair users given the level differences.
· Loss of Residents Unrestricted Parking on Commercial Street.
· The building of a supermarket in Norton is likely to have a detrimental effect on the existing independent small food shops that are already open on Commercial Street. Also, the large factories around Norton attract many international workers who buy their food from Malinka Market (Eastern European food) and Cubis/Candycrush (Romanian/Turkish food) which offer a diversity of international foodstuffs. These shops are likely to be at risk of closure if Aldi were to open nearby and also, having an Aldi store so close to the existing shops would be likely to decrease the diversity that Norton presently possesses.
· Concerns over the accuracy and content of the Planning Retail Heritage Statement as this fails to demonstrate that the proposal meets the requirements of paragraph 91 of the NPPF, as well as Policy SP7.
· The retail sequential site assessment is inadequate.
· Concerns raised by transport consultants over the content of Transport Assessment.
· Concern that the Air Quality Impact Assessment for the Aldi store doesn’t take account of cumulative impact of the Taylor Wimpey AQIA.
8.0 Environment Impact Assessment (EIA)
8.1. The development falls within Schedule 2 Category 10(b) Urban Development Projects of The Environmental Impact Assessment Regulations 2017 (as amended), however is only 0.71 hectares and therefore does not exceed the 1-hectare threshold. The pre application response confirmed that the Local Planning Authority have screened the development and found that it is not EIA development, and no Environmental Statement was required to be submitted with the application.
9.0 Main Issues
9.1. The key considerations in the assessment of this application are:
- Principle of development including sequential test and retail impact
- Design and Impact on the Character of the Area
- Trees and Landscaping
- Impact on Highway Safety & Highway Matters
- Impact on Residential Amenity
- Noise Environment
- Flood Risk and Drainage
- Nature Conservation and Protected Species
- Heritage Assets
- Archaeology
- Land Contamination & Air Pollution
- Impact on Railway
- Minerals and Waste
10.0 ASSESSMENT
Principle of Development
10.1. In assessing the principle of development, it is first important to assess the NPPF which sets out the main key areas for consideration. Paragraph 11 of the NPPF states that decisions should apply a presumption in favour of sustainable development and that development proposals which accord with an up-to-date development plan should be approved.
10.2. Paragraph 12 of the NPPF re-emphasises that the development plan is the starting point for decision making, adding that where a planning application conflicts with an up-to-date Development Plan, permission should not usually be granted. Local planning authorities may take decisions that depart from an up-to-date development plan, but only if material considerations in a particular case indicate that the plan should not be followed. Paragraph 48 reiterates that planning law requires that applications for planning permission be determined in accordance with the development plan.
10.3. The development plan for this site is Ryedale Local Plan Strategy (2013) and Local Plan sites document (2019). This makes site-specific policies and identifies areas of land for specific uses i.e. allocations.
10.4. The Local plan sites document shows the western part of the site where the car park is proposed as being a committed housing site governed by Policy SD1 ‘Existing Residential Commitments’. This relates to the extant planning consent 14/00947/MFUL - Erection of 37no.one bedroom apartment, 20no two-bedroom apartments, 5 3no bedroom dwellings. This was judged to be lawfully commenced in 2018.
10.5. The Local Plan Sites Document, Policy SD1 states:
Residential development sites shown on the Policies Map as existing Residential Commitments will be treated as allocations for residential development. Residential Development should be consistent with the site's existing permission, in the event that the current permission expires.
10.6. The developers of the proposed residential application concluded that the scheme wasn’t viable in 2019, and therefore it is considered to not be deliverable. Since early 2020 this site has been identified as such in the Local Planning Authority SHLAA, and it is accordingly not included in the 5 year land supply position in terms of being a deliverable site.
10.7. The site was not included in the Local Plan to deliver planned requirements, but to reflect the Development Plan context of the production of the Ryedale Plan, in which there was a six year gap between the adoption of the Local Plan Strategy and Local Plan Sites Document. Therefore, planning consents in the interim (and indeed prior to the Local Plan Strategy’s adoption) which were under construction, or which could reasonably form part of a land supply which contributed to meeting planning requirements, were identified as commitments to ensure that there was a robust supply of housing sites, which was still in conformity with the spatial approach and housing requirement of the Local Plan Strategy.
10.8. This site has not been judged deliverable for some years now, and the planning application now under consideration is testament to this lack of deliverability. This is a significant material consideration. Therefore, due to the site’s allocation this proposed application is regarded as a departure from the development plan, however alternative uses for the site as a whole can be considered. The alternative use is also identified in the more recent Neighbourhood Plan, which is now given full weight.
10.9. The eastern part of the site is just land within development limits governed by policy SP1. A small section of the site i.e. western edge and the main access is within the Town Centre Commercial Limits. The site therefore best described as edge of centre, albeit directly next to the commercial limits of the town centre and sustainably located.
10.10. In terms of the Local Plan Strategy Section 3 ‘Aspirations and Strategy’ details the vision and aims and objectives of the plan. Paragraph 3.17 of the Local Plan states:
“Enhancing Malton Town Centre is integral to the Strategy of developing the role of the twin towns [of Malton and Norton] as Ryedale’s Principal Town. The redevelopment of key sites and buildings, public realm improvements, an improved choice of shopping and the creation of a stronger evening economy are examples of the opportunities that will help to improve and revitalise the Town Centre. The arc of underused buildings and spaces which wraps around the north of town provides an excellent opportunity to accommodate a mix of new uses to support the existing town centre. Ensuring that future changes at the Town Centre complement and respect the qualities that are integral to its character, such as high quality independent retailing and the quality of the built environment, will be key to success”.
10.11. Policy SP1 ‘General Location of Development and Settlement Hierarchy’ controls the former Ryedale legacy areas future growth and ensures development will be distributed in line with the Spatial Strategy. Malton and Norton is the principal town and the primary focus for growth. It identifies Malton and Norton’s opportunities for growth being ‘redevelopment of underused Town centre/edge of centre sites and rail/river corridor sites subject to flood risk.’
10.12. Local Policy SP7 Town Centres and Retailing states that new retail development will be accommodated in line with the following Town Centre Hierarchy:
Principal Town Centre: Malton
Local Town Centres: Norton, Pickering, Kirkbymoorside and Helmsley
10.13. Paragraph 5.23 of the Ryedale Local Plan provides further context for the policy stating that “current commitments [for food/convenience retail] granted consent account for most if not all of the quantitative additional food retail required to 2026. However should any commitments fail to come forward, any outstanding requirements will be directed to Malton in order to improve the range and choice of food stores in the District’s main Town Centre. Any new retail development needs to link closely with the town centre and be sensitively accommodated in the townscape. To ensure that the effects of any proposals that come forward in edge or out of centre locations are adequately taken into account, a local floor space threshold has been set. Any proposals for retail development that would meet or exceed the identified floor space requirements, will be required to undertake an assessment of impacts to ensure that there will not be an unacceptable impact on existing town centre retailers”.
10.14. Policy SP 7 ‘Town centres and Retailing’ states “The Town Centres will be the focus for a diverse range of uses in the District. This will principally include retail activity and will also provide a focus for commercial and leisure uses, entertainment facilities, cultural activity and tourism. New retail development will be accommodated in line Malton being the principal town and Norton being a local town centre. The policy states ‘Retail and other town centre development of a scale appropriate to these roles will be supported where proposals maintain and enhance the vitality and viability of each Town Centre.’ The plan also describes how Malton and Norton have their own distinct town centres which serve different functions.
10.15. Malton Town Centre is the main town centre serving the District, offering the most extensive range of retail and other town centre uses. Norton, on the other hand, acts as a local centre with shops that meet more everyday needs and is principally located along the linear ‘High Street’ of Commercial Street. Norton is not performing as strongly in retail terms and there are indications that it risks falling into decline. Given its local centre role and its role as a gateway into Malton, it is essential that Commercial Street has an inviting appearance to attract and retain custom and recent public realm improvements have assisted this. The role of this Strategy in promoting growth in Malton and Norton will also help to support increased footfall on Commercial Street. The development of the proposed supermarket will work towards this, providing linked trips within the centre due to its location.
SP7 - Food (Convenience) Retail
10.16. SP7 ‘Food (Convenience) Retail’ states current commitments account for the quantitative food convenience retail to 2026. Should any commitments fail to come forward, any additional convenience floorspace will be directed to Malton. Appropriate land allocations at Malton will be made through the Local Plan Sites Document to accommodate the identified retail need at the time, taking into account commitments. A local floorspace impact threshold will be applied for the assessment of planning applications for town centre uses outside of the defined Town Centre Commercial Limits and not in accordance with this Plan. This will be applied as follows:
- 500 square metres gross for comparison only schemes
- 750 square metres gross for convenience only schemes and,
10.17. Where a proposal involves a combination of convenience and comparison floorspace, the threshold is set at 1000 square metres of the total retail gross floorspace of the scheme.
10.18. Therefore, the Development Plan is clear in that Policy SP7 requires new retail development to come forward firstly within Malton Town Centre. The proposal is therefore contrary to SP 7. However, it is noted that the evidence base for the quantitative food convenience retail requirement under policy SP7 is now relatively old, having been compiled prior to 2013 and designed to cover the period to 2027.
10.19. It was therefore suggested to the applicants at the pre application stage that they should set out clear and convincing arguments as to why they consider that the current commitments for food/convenience retail already granted consent are not likely to come forward, with particular reference to planning approval 15/00612/MREM -Livestock Market or that there is evidence of additional need/requirements for food/convenience retailing, and set out why the development is necessary and cannot be located within the Town Centre Commercial Limits of Malton.
10.20. A Retail Impact Assessment which considers the impact of locating a supermarket in Norton, outside the Principal Town Centre of Malton was advised in the pre application response. This is consistent with paragraph 91 of the NPPF which states “Local planning authorities should apply a sequential test to planning applications for main town centre uses which are neither in an existing centre nor in accordance with an up-to-date plan. Main town centre uses should be located in town centres, then in edge of centre locations; and only if suitable sites are not available (or expected to become available within a reasonable period) should out of centre sites be considered.”
10.21. Paragraph 92 of the NPPF does allow for edge of centre locations “When considering edge of centre and out of centre proposals, preference should be given to accessible sites which are well connected to the town centre. Applicants and local planning authorities should demonstrate flexibility on issues such as format and scale, so that opportunities to utilise suitable town centre or edge of centre sites are fully explored.” This site is precisely that, being on the very edge of the commercial limits of Norton but directly accessible to the public and wider Commercial Street.
10.22. Policy SD14 ‘Retail Commitments’ of the Local Plan Sites Document states “The Malton Livestock Market Site, Malton will continue to be supported for retail development in principle in the event that existing permission is not implemented.”
The livestock market permission has existed since 2012 and commenced in 2017.
The sequential test
10.23. Section 6 of the applicants Planning, Retail and Heritage Statement contains the sequential test and discusses the site opportunities located within Malton Town Centre. This assesses the catchment area likely to be served by the proposal and then to identify any alternative sites located within or on the edge of existing centres which serve an equivalent catchment, and which could accommodate the scale and form of development proposed.
10.24. The assessment describes how the operation of a LAD (Limited Assortment Discounters) discounter (such as Aldi) requires a standard store format with the layout allowing the optimal interaction between the warehouse, sales floor, servicing and access arrangements. Such a layout is very similar across their entire store portfolio. This rules out irregular shaped sites as it would make the store unviable.
10.25. This proposed store is smaller than the typical minimum requirements for a modern Aldi foodstore development and the applicants describe how some compromises have been necessary.
10.26. The sequential test examines 3 sites i.e the Livestock Market Site, Wentworth Street Car Park and Water Lane Car park. Appendix 5 of the Planning, Retail and Heritage Statement provides a detail proforma for each site. The assessment is detailed and the conclusions are detailed below:
10.27. Livestock Market Site 0.8 hec – Various constraints which include existing uses on the site, its location in terms of heritage impacts, the nature of the current planning permissions, its overall suitability with levels, servicing, viability, car parking and access. The applicant’s conclusions were that even with a revised planning application it is unsuitable to accommodate the minimum requirements of an LAD retailer without significant operational and cost implications. The applicants’ conclusions were “in view of challenges associated with the site from a heritage perspective, the available space, levels and significant access issues, it would not be possible to accommodate a retail development of the form and scale proposed by Aldi at this location. Furthermore, the planning permission already in place is not appropriate to accommodate the form of development proposed as part of this application. The site cannot be considered a ‘suitable’ alternative to the application site. Furthermore, there are significant concerns regarding availability of the site. The site is therefore discounted due to its unsuitability and lack of availability.”
10.28. Wentworth Street Car Park 1.17 ha - The development of the site for any use which does not include a substantial amount of car parking would not be supported as it would not comply with the council’s ambitions for the site. This follows recent committee decisions on this matter. Furthermore, there are technical constraints with the development of a store on this site and therefore the site is discounted as ‘unsuitable’. Furthermore, the site is ‘unavailable’ for sale (and therefore development) and as such can be discounted on this basis.
10.29. Water Lane Car Park 0.6 hec – The site is regarded as being insufficient in size to accommodate the proposed development, does not offer road prominence and there are questions regarding whether the site can be serviced. In addition, it is not clear if the site is available. Based on these reasons, the site is ‘unsuitable’ and can be discounted on this basis
10.30. The assessment describes how there are no sequentially preferable development sites within or better located on the edge of any of the centres within the catchment area, which could realistically accommodate the scale and form of retail development for which planning permission is sought. Officers have no reason to disagree with this assessment and consider the sequential test to be passed. The sequential test is also a matter for the Local Planning Authority to determine and not the Environment Agency, who incidentally removed their objection of flood risk grounds.
Retail Impact Assessment
10.31. The Retail Impact Assessment is within Section 7 of the ‘Planning, Retail and Heritage Statement’ with Appendix 6 containing the Convenience Goods Impact assessment and Appendix 8 containing the methodology. Paragraph 94 of the NPPF identifies that local planning authorities should require an impact assessment to be submitted in support of planning applications for ‘main town centre uses’ over 2,500sq.m (unless a local planning policy sets a lower threshold), on sites outside town centres, and that are not in accordance with an up-to-date Development Plan. The impact assessment should include a consideration of:
• The impact of the proposal on existing, committed and planned public and private investment in a centre or centres in the catchment area of the proposal; and,
• The impact of the proposal on town centre vitality and viability, including local consumer choice and trade in the town centre and wider retail catchment.
10.32. The Local Plan does set a lower threshold with 750 sqm for convenience only scheme. Where a proposal involves a combination of convenience and comparison floorspace, the threshold is set at 1,000 sqm of the total retail gross floorspace of the scheme.
10.33. The applicants also incorrectly state ‘the site that is subject of this application occupies a town centre location, within the commercial limits of Norton Local Town Centre, as identified in The Ryedale Plan and that sequential resting need not apply given its location in the commercial limits of Norton.’ Whilst it can be regarded as within the development limits of the town centre only a small proportion of the site is within the commercial limits of Norton as noted in the objection letter from Rapleys on behalf of Lidl. Therefore, sequential testing is necessary.
10.34. When assessing applications for retail developments outside town centres, which are not in accordance with an up-to-date plan, an impact assessment is also required. The default threshold set out in the NPPF is 2,500 sqm. The local plan threshold is significantly less as described above.
10.35. The assessment examines the retail scenarios with the Livestock Market being developed and without. It concludes that the trading effects of the retail proposals will give rise to only minor convenience retail impacts across the majority of surrounding foodstores and centres. Each of the locations likely to be affected by the proposals overtrades currently and even with the development would still perform better than their expected benchmark levels. The assessment reveals that even with the Livestock Market site being developed it will create further competition in the catchment, its location within Malton Town Centre will overall, boost the turnover and market share of this destination.
10.36. Scenario B examined the effects if the Livestock site does not come forward and ultimately concludes that the proposals can be accommodated without significant impacts on Malton Town Centre. This is also a result of the overtrading currently occurring.
10.37. The report reiterates that the application proposals are located within Norton Town Centre. Whilst policy may afford priority to Malton, both the Livestock Market site development and the application proposals can come forward, delivering town centre development in each location and boosting the strength of each centre. The report also details number of qualitative factors which underline why an Aldi foodstore in this location will not result in a ‘significant adverse’ impact on the vitality and viability of any centre in particular, Aldi’s Deep Discount Business Model.
10.38. Firstly, an Aldi discount foodstore does not represent an ‘everything under one roof’ shopping destination as is the case with many mainstream foodstores. The retailer will stock their ‘own brand’ versions of the staple food products that typically comprise a family’s weekly shop alongside a very limited non-food offer. This means that mainstream foodstores and other independent convenience retailers will still be relied upon where consumers are seeking mainstream branded goods.
10.39. Secondly, in contrast to many larger foodstores, the proposed Aldi will not include an in-store café, post-office, dispensing pharmacy, dry-cleaners, travel agent, opticians or photo processing. Nor will there be staffed butchery, fishmonger, delicatessen or greengrocery counters. Also, Aldi do not stock tobacco – a staple of many local newsagents. Given this position, a future Aldi shopper will still be wholly reliant upon existing traders in surrounding local centres, for example, for the vast majority of their specialist food retail (i.e. butcher), non- food retail, retail service, and leisure needs. The district centres will therefore retain a strong customer base.
10.40. Thirdly, in terms of Aldi’s non-food retail offer, this only accounts for 20% (242qm) of the store’s sales area and the range of goods stocked is seasonal and continuously rotated on a ‘when it’s gone it’s gone’ basis, with no single product range predominating. Therefore, the potential for impact is very limited; with non-food goods which may cross over with a local trader’s offer on sale for only a very limited period, rather than all year-round.
10.41. Officers are satisfied that the assessment demonstrates that overall, there would be no significant impacts on town centre facilities.
Malton and Norton Neighbourhood Plan 2024
10.42. Finally, the Neighbourhood Plan which is now adopted can be given full weight and provides support for the proposal. Paragraph 4.11.2 states “It is considered that the land to the rear of Commercial Street in Norton would benefit from redevelopment because it is currently underused. However, the land is within an area of flood risk which limits development potential. As such, residential and other vulnerable uses, such as health services and public houses, are inappropriate in this location.”
10.43. Paragraph 4.11.3 states “The town councils would, nonetheless, like to see the land put to better use. The land is considered to be situated in a convenient location to the shops along Commercial Street which are currently served by a restricted number of on-street car parking spaces. The land therefore provides an opportunity for additional parking spaces to support the existing shops, both in terms of parking and servicing/deliveries. Other regeneration uses may also be appropriate. Suitable alternative road access routes to the site from Commercial Street are available.”
10.44. The site was given a specific policy in the Neighbourhood Plan i.e N1 and states:
“Regeneration of land to the rear of Commercial Street, as identified on the Neighbourhood Plan Policies Map, including for retail, light industrial uses and the development of a public car park, with associated service access to the rear of commercial properties in Commercial Street, will be supported.
Residential development or other highly or more vulnerable uses will not be supported in this location due to flood risk. Depending on the scale and location of any proposed development in relation to the flood risk zones, a Flood Risk Assessment (FRA), may be required. The FRA should be informed by flood risk modelling set out in the latest available published Strategic Flood Risk Assessment applicable to the plan area, and should demonstrate that the proposal meets the requirements (including the undertaking of sequential and exception tests) and up-to-date guidance set out in the NPPF and national planning practice guidance.
The acceptability of any development supported by this policy is subject to there being no adverse effects on the integrity of the River Derwent Special Area of Conservation.
10.45. There is therefore clear support within the plan for this site to come forward for commercial purposes. This is a significant material consideration and the Class E proposal is compliant with this.
10.46. In terms of wider national planning policy contained within the NPPF, Paragraph 85 of the NPPF states that planning decisions should help create the conditions in which business can invest, expand and adapt. Significant weight should be placed on the need to support economic growth and productivity, taking into account local business needs and wider opportunities for development. Chapter 7 of the NPPF ‘Ensuring the vitality of town centres’ states planning decisions should support the role that town centres play at the heart of local communities, by taking a positive approach to their growth, management and adaptation.”
10.47. There is therefore a clear message throughout the NPPF about focusing investment within town centres. This development is on the edge of the commercial centre of Norton which is regarded as a ‘local town centre’ compared with Malton which is the ‘Principal town’ for growth.
10.48. To conclude, this brownfield windfall site is just outside the Town Centre Commercial Limits for Norton and is above the 750 sqm threshold being 1,212sqm sales area. Its location immediately adjacent to the commercial centre weighs in favour of the scheme. The site is highly accessible, sustainably located and will provide linked trips to Norton and provide investment into the Norton town centre. Therefore, whilst being a large retail use outside of Malton it will increase the retail offer locally and is considered sustainable in its own right, which outweighs the policy conflict with dated Policy SP7. The proposal will create around 40 jobs and it would serve the immediate locality and outlying villages. The assessments provided demonstrate no other suitable sites are available in Malton and that the development of this site will not have a significant adverse impact on the existing retailers in the locality. For this reason it would also accord with Policy SP1 which promotes growth in the principal town and with policy SP7 of the Ryedale Local Plan Strategy which promotes retailing within or close to the town centre. The proposal is also compatible with chapter 7 of the NPPF and the adopted neighbourhood plan.
Section 149 of The Equality Act 2010
10.49. Under Section 149 of the Equality Act 2010 Local Planning Authorities must have due regard to the following when making decisions: (i) eliminating discrimination, harassment and victimisation; (ii) advancing equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and (iii) fostering good relations between persons who share a relevant protected characteristic and persons who do not share it. The protected characteristics are: age (normally young or older people), disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation.
10.50. The development the subject of this application would not result in a negative effect on any persons or on persons with The Equality Act 2010 protected characteristics. The sustainable food choice for all residents, will be designed to accommodate the public including disabled access, with disabled parking.
Design and Impact on the character of the area.
10.51. Chapter 12 of the NPPF states the creation of ‘high quality’ buildings and places are fundamental to what the planning and development process should achieve. Good design is a key aspect of sustainable development. Paragraph 135 states that planning decisions should ensure that developments; are visually attractive as a result of layout and landscaping; sympathetic to local character, while not preventing change, and establish a sense of place.
10.52. Local Plan Strategy Policy SP 16 covers design and states development proposals will be expected to create high quality durable places that are accessible, well integrated with their surroundings and which reinforce local distinctiveness, provide a well-connected public realm which is accessible and usable by all, safe and easily navigated and protect amenity and promote well-being. To reinforce local distinctiveness, the location, siting, form, layout, scale and detailed design of new development should respect the context provided by its surroundings.
10.53. Local Plan Strategy Policy SP20 is the generic development management policy in the local plan and states “New development will respect the character and context of the immediate locality and the wider landscape/townscape character in terms of physical features and the type and variety of existing uses. Proposed uses and activity will be compatible with the existing ambience of the immediate locality and the surrounding area and with neighbouring land uses and would not prejudice the continued operation of existing neighbouring land uses. The cumulative impact of new development on the character of an area will also be considered.
10.54. In terms of the character, the site is located on a backland site north of the main Norton commercial area. The site did historically have a retail tyre centre use, therefore its redevelopment for a class E food store is not characteristic. The proposal also fully develops out the entire site, with a sensitively designed building and landscaping. This will see the removal of the current unsightly concrete pads and scrub which has taken over parts of the site.
10.55. The site has always been earmarked as a development opportunity which effectively infills the area of land enclosed by Wallgates Lane to the east, Commercial Street to the south, the railway to the north and Bookrose Court to the west. It also provides job creation for local people, choice of retail facility for local people and a store that is attractive and modern whilst respective the historical environment that surrounds it.
10.56. The proposed site layout has a main access from the south for all vehicles and pedestrians, with crossing points to allow safe access to the store, which sits to the east of the car park in an east-west orientation. The parking arrangement is simple and compact allowing space for some limited soft landscaping. The building is set behind the main Commercial Street frontage and so has limited visibility as one passes the access point. Future signage will need a further advertisement consent. The service area is located to the northern side of the store which is a best location for it adjacent to the railway line. An acoustic fence will shield residential dwellings from noise to the east. The service area with access for the goods vehicles will be through the car parking area. Access to the service area has been designed to accommodate the turning manoeuvres of 16.5 metre articulated goods vehicles. The store entrance will be visible for pedestrians approaching from the south on Commercial Street. The overall site layout ensures the opportunities for crime and disorder are minimised with the site being open to achieve good natural surveillance. The crime prevention officer did make several other suggestions, and a condition (No.15) is imposed to ensure these are acted upon.
10.57. In terms of scale and appearance the maximum height of the proposed store is to the 6.25m to the blade roof. The height of the rear elevation is 5.0m from the ground. Within the immediate vicinity of the site, there is a mix of architectural styles and building materials. The residential properties close by are two or three storey, terraced, red pantiled or slate pitched roofed properties of red, brown or buff stock brick with stone detailing; some random rubble, and some rendered or painted. The proposed single storey, blade roof foodstore, reflects the scale of the buildings surrounding the site. The building also has solar PV on the southern part of the roof to accord with Local Plan Strategy SP18 ‘Renewable and Low Carbon Energy’.
10.58. The design and access statement states “The overall design of the store is a modern, contemporary style with a simple palette of materials combining silver and grey cladding, aluminium windows, steel doors and glazing. There is a canopy wrapping above the shop front which runs along the west elevation to maximise natural light in the store. The west and north elevations show the configuration of the loading bay that allows HGV’s to dock at floor level with the building.”
10.59. Officers considered the design of the building to be acceptable as this sat comfortably behind Commercial Street. The materials though were amended to reduce the modern appearance in favour of a local brick type and to lessen the impact on the Conservation Area. This is explained further in the heritage section.
10.60. Overall, the scheme develops out a part previously developed site. The layout responds to the site-specific issues and whilst accommodating Aldi’s operational requirements. Officers consider the proposed use, amount of development, layout, scale and appearance are acceptable in design terms and the proposals will deliver a modern, contemporary design which will improve the visual appearance of the site and the surrounding area. The proposed store reflects the scale and massing of the adjacent buildings, existing and proposed, in the surrounding area. The proposed development is therefore considered to be in accordance with Local plan Strategy Policies SP16 and SP 20 and national policy contained in chapter 12 of the NPPF.
Trees and Landscaping
10.61. Local Plan Strategy Policy SP16 on Design states the design of new development will also be expected to incorporate appropriate hard and soft landscaping features to enhance the setting of the development and/or space. Policy SP 20 states new development will respect the character and context of the immediate locality and the wider landscape/townscape character in terms of physical features and the type and variety of existing uses.
10.62. There are several trees within and adjacent to the site which will be affected by the proposal. As a consequence, the submission was accompanied by plans showing the existing trees within the site, an Arboricultural Method Statement, Arboricultural Impact Assessment both Prepared by (AllAboutTrees) 17.10.23 and a plan showing retained trees within the proposed layout with protective measures indicated.
10.63. The impact assessment noted that the site was unmanaged and overgrown with vegetation, presumably self-set and establishing through a lack of management. Portions of the site have been cleared in the recent past retaining the larger trees. Past tree management within the study area is not in line with good practice. A number of trees have been damaged with a chainsaw – possibly related to an extremely clumsy attempt at ivy removal. Additionally, there are signs of herbicide damage to some trees, possibly inadvertently applied to trees when attempting to treat ivy.
10.64. The trees are mainly moderate to low quality and up to 9 individual trees and groups unsuitable for retention. All of the trees within the site need to be removed as they conflict with the building and car park layout. The tree loss is to be mitigated through new planting. The trees outside the site on the northern boundary are within the railway embankment and are retained and protected by fencing to safeguard root protection areas.
10.65. The scheme included a detailed landscape layout, which describes the roughly annotated planting on the site plan. This showed ornamental tree planting in the western corners of the car park i.e. one 16-18cm girth flowering cherry in the southern most corner and 3 Mahonia trees in the northern corner.
10.66. The northern boundary provided very little opportunity for planting due to the steep gradient between the car park edge apart from a 20 sqm area of dogwood adjacent to the service area compound. The northern boundary is however screened by existing vegetation and trees on Network Rail land, so officers are not concerned by this.
10.67. The northeastern corner of the site is outside of public view and is mainly laid to meadow grass with wildflowers. The applicant points out that there is a need to protect the 6m diverted sewer easement in this area, therefore there is a general resistance to anything which could cause damage to the sewer. For this reason, officers accept that the wildflower meadow planting is considered the most appropriate option. In the corner is a native planting mix and 3 No Acers to provide screening to the residents to the east. 1 No Silver Birch is also added adjacent to the northern boundary. Yorkshire water previously objected to the planting of the acer trees, however these have been reduced from 5 to 3 to take them out of the sewer easement. Officers expect this objection to be withdrawn, prior to committee, however should it not be then the application would be requested to be deferred.
10.68. To the south of the store is again meadow grassland, with a small planted area comprising of mixed Euonymus and Hebe to provide some colour upon entering the site.
10.69. In terms of boundary treatment, the southern boundary to the east of the entrance is 2m close boarded fencing which continues to the eastern boundary and terminates in the north eastern corner where it meets the railway boundary. The northern boundary adjacent to the railway is shown as 2m weldmesh fencing for security purposes. Details of this fencing have been controlled by condition at the request of Network Rail. To the west of the access is an existing retaining wall which will have fencing on top of the wall to provide a 2m screen. In the south western corner is a new 1.8m acoustic fence set in from the existing retaining boundary wall. A new retaining wall will then run along the car parking bays to the north and wrap around the northern parking bays set in from the fence line.
10.70. Through discussions with the trees and landscape officer it was agreed the landscaping approach was ‘on balance’ satisfactory. More could have been done in the more visible car park areas, however the applicants suggested this would conflict with vehicle movements and due to the constraints of the site this wasn’t possible.
10.71. A condition is added requiring details of the landscape management plan for the lifetime of the development. A condition is also added which requires the planting to occur within the first available planting season following the construction of the development hereby permitted and all losses made good.
10.72. Therefore, whilst some tree loss will occur, the trees are not of significant quality and some limited planting will occur in this developed urban environment where possible. Trees and landscaping are therefore not considered as significant material considerations against the determination of this application. On balance the landscaping scheme complies with SP 16 and SP 20 of the Local Plan Strategy.
Impact on Highway Safety & Highway Safety Matters
10.73. The NPPF in paragraph 116 states that "Development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe".
10.74. Local Plan Strategy Policy SP20 (Generic Development Management Issues) advises that "Access to and movement within the site by vehicles, cycles and pedestrians would not have a detrimental impact on road safety, traffic movement or the safety of pedestrians and cyclists. Information will be required in terms of the positioning and treatment of accesses and circulation routes, including how these relate to surrounding footpaths and roads".
10.75. The application was originally accompanied by a Transport Assessment and Interim Travel Plan both dated December 2023 and produced by Andrew Mosley Associates. Both these documents were later updated as a result of highway comments, with the last revisions being versions Rev 3 dated 5.11.24.
10.76. The Transport Assessment notes that the site is brownfield land, however, does not currently generate any traffic. The site will be accessed by all modes of transport, including HGV deliveries, via the existing dropped kerb access from the south of the site via the B1248 Commercial Street. The report examines the current local highway network, traffic base flows, an existing junction capacity analysis, personal injury and accident records and the existing sustainable transport provision. This includes the walking and cycling accessibility and public transport accessibility which includes the bus stop direct outside of the site and Malton train station 800m to the east. The report concludes “that the existing pedestrian facilities within the vicinity of the site are of a high quality. There are also good quality public transport links within the vicinity of the site. The site is considered to be located within a sustainable location and the surrounding transport links are of good quality. The site is therefore considered to be in a sustainable location for access by non-car modes and in line with local and national planning policy.”
10.77. The Transport Assessment then details the proposed plans i.e. the access will include a 7m carriageway, with a 2.0m wide footway along the eastern side of the access. The visibility splays are achievable at the access point and double yellow lines are proposed along both sides of the access which will be achieved through a Traffic Regulation Order to ensure visibility at the junction. To limit the loss of on-street parking spaces along the B1248 Commercial Street, the development proposes the relocation of three parking bays to the western side of the access road. These will be open to the public for use by both customers of the high street shops and for use by small delivery vehicles that would have previously parked on Commercial Street. Also whilst concerns were raised in the objections over the narrow west access path, the highway officer believes the majority of pedestrians accessing the store will be via a 2m wide footway, from the eastern side of the entrance, the 1m footway to the western side of the access will predominantly serve the 3 parking bays located here, with pedestrians able cross from the west to the east via a proposed dropped tactile crossing at the junction.
10.78. The TA originally showed the bus stop to be within the eastern visibility splay, but states “given the frequency of bus services with one service every hour, this results in a minimal obstruction to the splay. The layover time for a bus at this bus stop in approximately 30 seconds and is therefore considered an acceptable occurrence to result in a negligible impact on the visibility and operation of the junction.” The Highway officers were not satisfied with this arrangement and the applicants have agreed to move the bus stop further west along Church Street, ensuring the hourly bus service does no longer stop within the site entrance, access is not blocked and visibility not restricted. This is controlled by condition and will not require planning permission as its works within the highway.
10.79. The swept path analysis within the TA also shows how HGVs can access the store and use the loading bays. The highway officer also states “due to the tight nature of the site and the High Street, the installation of a right turn lane is not feasible, however HGV deliveries will be restricted to quieter times outside of peak hours, with the 20mph speed limit along the high street offering other road users sufficient time and visibility of a turning HGV in and out of the site”.
10.80. In terms parking the TA states “based on the Gross Internal Area (GIA) of 1,660m2, a total of 92 parking spaces are required in line with Aldi’s operational requirements. A review of North Yorkshire Council’s (NYCs) – Parking Standards for Development (2018) design guidance requires Supermarkets over 1,000m2 to provide 1 parking space per 18m2 for locations in a Market Town. Based on a GIA of 1,660m2 NYC design standards require a total of 92 spaces.”
10.81. The layout plan shows 89 spaces (reduced from 92), including nine Parent and Child (P&C) spaces and five disabled spaces. There are four active Electric Vehicle Charging Points (EVCP) of which two are accessible bays. The scheme proposes eight cycle spaces in the form of five ‘Sheffield’ cycle hoops. The site is also accessible on foot and cycle from residential areas of Norton and Malton. The highway officer was satisfied with the level of parking, with it being generally in line with NYC parking standards of 1 space per 18m2 of floor space.
10.82. The traffic generation associated with the Aldi foodstore based on a 1,212m2 RFA is forecast to generate some 160 and 218 two-way vehicle trips during the Friday PM peak and Saturday lunchtime peak hours respectively. An Interim Travel Plan has also been prepared which sets out measures to encourage sustainable travel patterns and reduce the reliance on private car use.
10.83. In terms of the Transport Assessment and the Interim Travel Plan, the highway officer raised a number of technical issues within both documents which needed addressing, as detailed in the consultation response dated 27th Feb 24. The Travel Plan was amended by version 2 dated 18th March 2024 and a Highways Technical Note dated 5th April 2024 provided responses to the issues raised by the Highway officer. The Transport Assessment was also amended by revision 2 dated 3rd April 24. This largely satisfied the highways officer in the consultation response dated 14th May 24, subject to some issues still being resolved. The final TA and Travel plan were dated November 2024 and fully satisfied the highway officer. The amended travel plan now makes reference to the bus stop relocation. The relocation of the bus stop on Church Street will trigger an increase in pedestrians using the existing pedestrian crossing to access the bus stop. The LHA therefore seek a contribution (£25,000), to upgrade this crossing and mitigate the increased use as a result of this development. In addition, the LHA has recommended a £5000 travel plan monitoring fee to be included within any S106 agreement. The highway officer concluded by confirming the store is in a good location for sustainable travel overall. The applicant agreed to both contributions and these are detailed in the Heads of Terms at the end of the report.
10.84. Finally, the highway officer confirmed that a stage 1/ 2 Road Safety Audit has been carried out on the design proposals, problems identified include the location of existing service covers and drainage. These matters will be addressed during detailed design and as part of any S278 review process.
10.85. The application received and objection from Cora IHT who are transport consultants representing Lidl. This objection is detailed in the representation sections and raised concern over the safety of site access, the content of the Traffic Impact Assessment & Junction Capacity Assessments. This was taken account of in the highway officers’ final considerations.
10.86. Overall, through a series of changes to the highway information this satisfied the highway officer, and the documents demonstrate that the traffic associated with the development proposals can be accommodated on surrounding highway network without having a severe impact in accordance with the NPPF. Therefore, there are no overriding traffic and transportation reasons preventing the local highway authority from recognising that the proposals are acceptable nor why planning permission could not be granted subject to conditions. The scheme therefore complies with the Local Authority parking standards and Local Plan Strategy Policy SP20.
Impact on Residential Amenity
10.87. As required by Policy SP20 (Generic Development Management Issues) the development should respect the character of the area without having a material adverse impact on the amenity of present or future occupants, the users or occupants of neighbouring land and buildings or the wider community. This is broadly consistent with the aims of the NPPF to ensure that a good standard of amenity is achieved, in particular the new supermarkets impact on outlook, light and privacy. The impact of noise is dealt with separately in the section below.
10.88. The proposed development is effectively surrounded by built form on three of its sides, with main relief being the railway to the north. To the south are the properties on Commercial Street, which are mainly commercial in nature with some residential at first floor and some back land development. To the east of the access the site plan shows a new 2m close board fence separating the properties to the south to the new commercial property. This will screen any ground floor views into the site. In terms of outlook, the distance to existing dwellings varies, however the new store is set a minimum 7m in from the southern boundary and separated by the meadow grassed area shown on the section and site plan. Many of the properties are set much further south at a considerable distance of 25m. The pinch point is the rear outlook of No.29a, which still has a 15m outlook. Likewise, the flats 1-5 Freer Court in the south eastern corner have an minimum outlook of 11m which is considered satisfactory, as these have windows facing north.
10.89. The design of the building also helps to reduce is visual impact and dominance over the southern boundary, with the eaves height of the main roof being 6.25m and sloping away from the southern boundary. No overlooking will occur due to no windows being evident in the south elevation and only one emergency exit. The land also drops away from the elevated Commercial Street, further lessening the buildings prominence and ability to harm outlook. Finally, its position north of the dwellings on Commercial Street will mean no loss of day light or overshadowing will occur.
10.90. The same applies on the eastern boundary which is a mixture of residential and commercial properties on Wallgates Lane. The southern boundary is already enclosed by a low boundary wall and the south eastern corner of the site has a garage backing on to the site. The main impact is the 5-6 Wallgates House as this has a single storey off shot adjoining the eastern boundary of the site with windows looking west directly over the application site. The new 2m close boarded fence will again create privacy between the two uses and the building is set 10.9m away at its closest point. This is considered satisfactory as the building height at this point would be 5.6m approximately as the building slopes from the south to the north with the lowest eaves height of 5m on the northern elevation. Again, only one rear fire door exists on this elevation, so no overlooking occurs. The residents of 2-4 Wallgates Lane are less affected as store is 30m away from the rear elevation of No.2 and screening is shown in the north eastern part of the site to lessen the visual impact once established.
10.91. The western part of the site adjoins Buckrose Court which overlooks the application site. A retaining boundary wall exists in this location to take account of the change in land levels. This western boundary adjoins and overlooks the car park. The amenity issues concerning this are discussed in the noise section, however relate to the use of the car park i.e. car noise movements, customers arriving and departing and car doors slamming.
10.92. Finally, the southern elevation west of the access is a car parking area to the dance hall conversion scheme permitted under 22/01368/FUL. Again, this is screened by a proposed 2m boundary treatment which utilises the existing wall and timber screen above.
10.93. The relationship between the existing residents and new building is shown on the site section plan. The plans show the store on a level platform meaning some of the land within the lower northern part will be built up. A condition has been added to control site levels as no topographical survey is submitted.
10.94. The applicants supplied a lighting plan which showed the lighting on the boundary of the car park, within the centre of the car park and access road. The lighting was designed and directed to illuminate the car parking and access road. The areas outside the site were shown at a maximum of +5 lumens on the southern boundary in the car park area and +3 lumens on the western boundary where the residential development exists. This satisfied the Environmental Health officer. The access road is also much brighter where it adjoins the dance hall conversion however this is within the site. No details of the lighting columns were provided, nor any security lighting to the rear or side of the store, therefore a condition is included requesting full lighting details, which also satisfied the request form the Designing Out Crime Officer.
10.95. Finally with regards to the building’s relationship with the northern boundary, this adjoins the railway line and its impact is discussed in the latter Network rail section of the report.
10.96. Therefore, having regard to the above, whilst the site relatively constrained by existing built form, the layout and design takes account of the surrounding residential properties and proposes as scheme that is compatible with the existing land use and it is not anticipated that the proposed development would give rise to any unacceptable visual intrusion, overlooking, loss of light, loss of outlook or any light pollution and as a result there would not be an adverse impact upon residential amenity in compliance with Policy SP20.
Noise Environment
10.97. Policy SP20 of the Local Plan Strategy deals with generic Development Management type issues and the Amenity and Safety section states “New development will not have a material adverse impact on the amenity of present or future occupants, the users or occupants of neighbouring land and buildings or the wider community by virtue of its design, use, location and proximity to neighbouring land uses. Impacts on amenity can include, for example, noise, dust, odour, light flicker, loss of privacy or natural daylight or be an overbearing presence. Developers will be expected to apply the highest standards outlined in the World Health Organisation, British Standards and wider international and national standards relating to noise.”
10.98. The NPPF provides the following with regards to noise, set out at paragraph 198: “Planning policies and decisions should also ensure that new development is appropriate for its location taking into account the likely effects (including cumulative effects) of pollution on health, living conditions and the natural environment, as well as the potential sensitivity of the site or the wider area to impacts that could arise from the development.”
10.99. The most relevant consideration in terms of likely impacts on residential amenity is that of noise associated with the various elements of the scheme and their operation. This includes the construction phase, with noise from machines, construction workers and deliveries. Once the store is operational, the car park will generate some noise from vehicles and customers visiting the store. The opening hours of the store will largely dictate the noise in the car park. Also, deliveries to the site will generate noise before and after the store closes as will any plant and machinery required to service and cool the store. Noise and disturbance were raised as concerns in the third-party representations.
10.100. The site is bounded to the south by a parade of terraced ground floor retail units and restaurants of Norton centre, having residential premises on the 1st floor above along the southern elevation, with the B1248, Commercial Street beyond. The eastern site boundary is formed residential dwellings consisting of terraced houses, bungalows, and 2-storey flats. The western site boundary is formed by 3-storey flats and 2-storey dwellings. The northern site boundary is formed by a railway line serving York and Scarborough. There is a Yorkshire Water pumping facility directly opposite the site on the opposite side of the railway line, with the River Derwent and an industrial unit beyond.
10.101. The main areas to generate noise are the main Commercial Street access, the car parking to the west of the site, the loading bay on the northern boundary and the external plant compound on the northern elevation.
10.102. The application was accompanied by a Noise Impact Assessment (Ref J3229 Rev 0) by Paul Horsley Acoustics Ltd. The assessment takes account of closest existing and proposed nearby residential receptors. The report identifies that the primary noise sources within the vicinity of the site are due to traffic movements along the B1248, Commercial Street and residual traffic noise from the local road network. Industrial noise from the Yorkshire Water pumping station use of external generators was also audible. Train passage noise was dominant when present. The report assessed the base line data from noise monitoring conducted between 6th October and 18th December 2023. The report states noise sources from the proposed development fall into 3 main categories:
· Car Park Noise
· Service Yard Noise
· Fixed Plant Noise
10.103. The construction phase is not assessed as this is controlled by planning conditions which govern the time periods and other matters within the Construction Management Plan concerning noise, dust and vibration. This is added as a planning condition.
10.104. Car Park Noise Sources – The noise report concluded that the activities of concern centre on arrival and departure of vehicles, together with associated events such as engine start-up, door slamming etc. Example noise measurements were taken from other Aldi stores and assessed against the NSR receptor locations. The conclusion was no cumulative increase in background due to the carparking activities and as such no loss of existing amenity. There is only 1 No instance where there is a minimal increase in the baseline noise climate due to the proposed car park activity noise following the development of the ALDI Norton (Malton) store. This is the +3 dB increase in noise climate when considered at the facade of the NSR 2, No 4 Buckrose Court. This could be controlled by mitigation measures.
10.105. Store Servicing Noise – Noise can arise from delivery vehicles, unloading of delivery vehicles and pallet returns. It is proposed that access to the store service dock will be obtained from Commercial Street to the south of the site into the car park and onward to the north to the service yard area. There are two types of deliveries to an ALDI store; Deliveries from local suppliers will take place during normal opening hours and, ALDI own vehicles, which are up to 4 No per day. These take around 35 mins. Space only exists for 1 delivery at a time ruling out cumulative noise associated with deliveries to the store. Local Supplier deliveries are usually for bread, milk, and other produce supplies and mainly involve smaller vehicles. Aldi’s own vehicles are articulated lorries which will involve some noise from shunting, reversing, chiller units and engine noise. Deliveries take around 35 mins. The noise assessment concludes that the predicted noise generated would provide no adverse noise impact.
10.106. Fixed Plant - Finally in term of the fixed plant, this includes refrigeration and ventilation equipment, which is located on the north elevation to the rear of the loading dock. These are to operate 24 hours. The noise report states, “taking account of the plant location to the closest noise sensitive receptors, in this case the existing residents of Wallgates Lane to the east, NSR 9 and NSR 10, however, the residents of the flats positioned to the west NSR 1 may be exposed to noise associated with the operation of the fixed plant.” The report states the residents to the east will be unaffected providing noise mitigation measures are included.
10.107. The noise report suggests additional mitigation from car park noise to be included to safeguard the resident of No 4 Buckrose Court which has a ground floor window within its western façade, overlooking the car park area, which will be subject to an increase in the baseline noise climate. The recommendation was a fixed 1.8m high acoustic fence between the rear of the car park bays and the residential premises forming an L- shape running along the western and southern boundary. This is shown on the proposed layout.
10.108. The noise report also recommended additional mitigation from the fixed plant noise for residents to the east to reduce the noise levels. A 3.0m high acoustic fence fixed to the building and the northern boundary was proposed and again this is shown on the submitted plan.
10.109. The report concludes that “through extensive acoustic assessments and appraisals that the noise from all introduced sources, following development and inclusion of mitigating noise control measures, are not likely to have a detrimental effect or unduly impact on the existing amenity of the closest residents, both existing and potential, for daytime or nighttime operations as the design target limits have been demonstrated as being achieved.”
10.110. The Environmental Health Officer reviewed the proposal and noted the development is located near sensitive receptors which may be adversely affected by construction noise during the construction phase. The Environmental Health officer therefore recommends an hours of construction condition.
10.111. The Environmental Health Officer accepts the findings of the Noise Report together with the recommendations for the mitigation of noise from the car park, noise from the deliveries and noise from the fixed plant. The Environmental Health officer recommends a verification condition for noise be placed on this application, that prior to first occupation of the development, verification that the approved sound insulation scheme has been implemented and is fully operational shall be submitted to and be approved in writing by the Local Planning Authority.
10.112. Given the proximity of the nearby receptors it is necessary to control both the store opening hours and the delivery times. The store opening hours shall be limited to 08:00 to 22:00 Monday to Saturday and 10:00 to 18:00 on Sundays. The delivery period shall be limited to 07:00 to 23:00 Monday to Saturday and 08:00 to 20:00 on Sundays.
10.113. Should the applicant wish to change these in the future then this can be done via a variation to the condition.
10.114. As such having taken into account the above it is considered that the proposal would not cause a significant detrimental impact on the residential amenities of nearby residents providing the suggested conditions are adhered in accordance with policy SP20 of the Local Plan Strategy and the NPPF.
Flood Risk and Drainage
10.115. Relevant policies in respect of flood risk, drainage and climate change includes Policy SP17 of the Local Plan Strategy which states flood risk will be managed by the use of sustainable drainage systems and techniques, where technically feasible, to promote groundwater recharge and reduce flood risk. Development proposals will be expected to attenuate surface water run off to the rates recommended in the Strategic Flood Risk Assessment. SP 17 states Flood Risk will also be managed by “undertaking a risk based sequential approach to the allocation of land for new development and in the consideration of development proposals in order to guide new development to areas with the lowest probability of flooding, whilst taking account of the need to regenerate vacant and previously developed sites within the towns. In considering development proposals or the allocation of land, full account will be taken of the flood risk vulnerability of proposed uses and the national ‘Exception Test’ will be applied if required.”
10.116. NPPF paragraph 170 requires “Inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk (whether existing or future). Where development is necessary in such areas, the development should be made safe for its lifetime without increasing flood risk elsewhere.” Paragraph 174 states “The aim of the sequential test is to steer new development to areas with the lowest risk of flooding from any source. Development should not be allocated or permitted if there are reasonably available sites appropriate for the proposed development in areas with a lower risk of flooding. The strategic flood risk assessment will provide the basis for applying this test. The sequential approach should be used in areas known to be at risk now or in the future from any form of flooding.” The former Ryedale District Council has no supplementary planning guidance or advice notes on flooding matters.
10.117. The application was supported by a Flood Risk and Drainage Assessment produced by Hydrock dated 18th Jan 2024 P01. This was later revised on 4 occasions take account of the consultation responses and objections from the Environment Agency with regards to flood storage. The latest version being P05 dated 27/3/2025. In addition, a Drainage Layout was also submitted ref 79-E1625-HYD-ZZ-X-DR-C-1000 Rev P02.
10.118. In terms of topography, the site generally falls from south west to north east, with a highest level of 23.842mAOD in the south west to a lowest level of 17.721mAOD to the vegetated area to the north east. The online EA flood maps show that the site is located mainly within flood zone 3. The store itself is within zone 3 and the car park is within flood zones 1 & 2. The source of flooding being the River Derwent located approximately 90m to the north. The site benefits from flood defences. The FRA states “The predicted flood level at for the 1 in 100 year +20% Defended scenario is 19.887mAOD, the existing site boundary in this area sits at around. It will therefore be necessary to provide a suitable freeboard to the proposed finished floor level.”
10.119. The FRA also details how the site has historically flooded in March 1999 and October 2000, prior to the installation of flood defences along the River Derwent as part of the 2002 flood alleviation scheme. Surface water flooding is said to be low risk and the FRA details how a positive drainage system designed to accommodate all storm events up to and including the 1 in 100 year + climate change allowance will be installed. The FRA also notes that A 300mm combined public sewer is located within the eastern portion of the site, running to the north east corner where it exits the site. The existing sewer will clash with the proposed building location and will therefore be diverted. The sewer will be subject to Yorkshire Water's maintenance scheme with a 6m sewer easement provided for access This is shown to the east/rear of the store.
10.120. The NPPF Sequential Test requires that a sequential approach is followed to steer new development to areas with the lowest probability of flooding (i.e., Flood Zone 1, then zone 2, then zone 3). A sequential test is therefore required, and the approach is discussed in the following sections. The proposed development is for a supermarket which falls under the category of 'less vulnerable' development in accordance with Table 2 of the Flood Risk and Coastal Change - National Planning Policy Framework (NPPF), and no exception test is therefore required. Even if it was then it would satisfied as the Flood Risk Assessment is acceptable to the Environment Agency and there are public benefits in developing this site.
10.121. The FRA details flood mitigation measures the same as required in the exception test i.e. to prove the development will be safe for its lifetime taking account of the vulnerability of its users, without increasing flood risk elsewhere. Given the predicted flood level data provided, it is recommended that the finished floor level (FFL) on the site be raised to include a 600mm freeboard above the 100 year plus climate change event. This would mean the minimum FFL should be set to a minimum level of 20.487mAOD. A series of other flooding measures were also suggested for instance water resistant floors, high level sensitive services, flood warnings. The scheme shows a safe egress from the site to Commercial Street which has a floor level of 21.100m AOD, as such a safe access is possible. Also, the wider sustainability benefits of the store are also evident in the submission in terms job creation, customer choice and sustainable location which are too elements of an exception test.
10.122. In terms of surface water, the site is currently drained to the east by a combined public sewer. In terms of the proposed surface water drainage a site investigation has been undertaken which confirms the site is underlain by peat and disposal of surface water through infiltration to ground will not be possible. The nearest watercourse to the site is the River Derwent located around 150m to the north. A direct discharge into the River will not be possible due to the presence of the existing railway line running adjacent to the northern boundary of the site. There are also ecological concerns with inflation. A review of the Yorkshire Water Sewer Records shows that there are no surface water sewers within the vicinity of the site. Therefore, a connection into the combined sewer will be necessary. Surface water discharge rates will be controlled to 5l/s per second which represents a betterment of 73% over the existing discharge rate from the land with an additional 0.41 ha of impermeable surface. Flows from parking areas with go through interceptors to manage any pollutant risks. Surface water attenuation is also included in the drainage design within the car park area, along with detail of flood exceedance rates and maintenance. Foul drainage will also connect to the combined sewer.
10.123. The detailed information was assessed by the LLFA who accepted the runoff destination to the combined sewer, noted the finished floor levels, accepted the peak flow and volume control and state that the submitted documents demonstrate a reasonable approach to the management of surface water on the site. A condition was recommended to ensure the development is built in accordance with the detailed drainage design.
10.124. Yorkshire Water also raised no issue with the connection to the combined sewer, however raised issues with the landscaping plan and its proximity to the public sewer crossing the site. The applicant has reduced the planting in the north east corner of the site and Yorkshire Water have been reconsulted and are expected to withdraw their objection.
10.125. The Environment Agency raised concern over the lack of and appropriate Flood Risk Assessment with regards to flood storage capacity within the site. The applicants revised the Flood Risk Assessment on several occasions to satisfy the Environment Agency the last version being P05 and added a discussion regarding compensatory storage into the mitigation measures section of the report. The car park levels to the west of the site have been lowered to allow flood water to enter the site from the North West corner and utilise the car park area as an area of compensatory storage. It is considered that flood water will only enter the site from the North West corner during a 1in100+20%CC flood event or worse, with the flood level overtopping the crest level of the flood defences at the lowest end of flood defence 6 by around 200mm. The drainage design has also been updated to suit these levels. This satisfied the Environment Agency.
10.126. In terms of the sequential test, the initial submission made reference to the need for a sequential test in the Flood Risk and Drainage Assessment, however the applicants did not submit an assessment as such. Instead, they relied on the sequential test which was produced for retail purposes and asked the LPA to consider 3 nearby sites in Malton. The applicants also submitted a Supplementary Planning Document from Havant Borough Council (dated May 22). The applicants wanted to agree the scope of the sequential work prior to it being produced, however indicated that there are clear similarities with the retail sequential test.
10.127. The applicants point out that they have completed a sequential assessment in retail terms, as set out within our Planning, Retail and Heritage Statement. The applicants also state “Despite the application site lying partly within a town centre site in Norton, the Local Plan notes that Malton should be the preferred location for retail. We therefore assessed any sites within or on the edge of the town centre of Malton. This identified only three potential sites which were either of sufficient size to accommodate the proposals, or where the proposal could be adapted (demonstrating flexibility). A result of our assessment was that all three sites could be discounted on either availability or suitability grounds.” A sequential test was supplied in June 2024 reference P21-173-HYD-XX-XX-RP-C-0502 which detailed the 3 alternative sites.
10.128. The primary aim of a sequential test is to establish if the development can be provided within a lower flood zone and as such less vulnerable to flooding. The key components are the area of search, whether the sites are similar and can accept the same quantum of development and whether any sites are considered ‘reasonably available.’ National Guidance does not define the area of search and indicates this will be defined by local circumstances. The Havant Brough Council SPD example and examples of other legacy authorities in North Yorkshire state that for town centre/retail development the area of search should be the same defined town centre as the proposals site as flood risk sequential test should not undermine other sequential test requirements for town centres.
10.129. Given the retail policies within the Local Plan Strategy and NPPF officers agree that the search area should be limited to the town centre and its immediate fringe as sites further outside the town centre would not be supported from a retail perspective. As such, the test needs to consider any sites within zone 1/2 within Malton and Norton and town centres and its immediate fringe. Once established consideration of the site’s availability, size and flood zone need to be considered to see if they are sequentially preferable. Brownfield sites should also be preferred over greenfield.
10.130. Also, a site can be considered as ‘reasonably available’ if the following criteria is met:
· The site is within the agreed area of search;
· The site is of a reasonable size for the proposed development, having regard to the Council’s density policy;
· The site is suitable for the proposed development, and could accommodate its functional requirements;
· The site could be viably developed;
· The site is available now, defined as either being owned by the applicant or available for purchase at a fair market value; and
· The site is not safeguarded or allocated in an adopted or emerging Local Plan or Neighbourhood Plan for another use, or has planning permission for another use.
10.131. The submitted sequential test covers 3 sites:
Site 1 - Livestock Market Site, Malton
Site 2 - Wentworth Street Car Park, Malton
Site 3 - Water Lane Car Park, Malton
10.132. Site 1 - Livestock Market site – The site lies centrally within Malton and inside the town centre boundary. It is positioned in the far west of the commercial part of the centre. The full site is currently used as a car park and also occupied by former livestock sheds/cattle pens. Current car parking on the site comprises approximately 90 parking spaces. These spaces appear well used and play an important role in parking provision for the town centre. The site is flood zone 1 so low risk with no reports of historic flooding. This would provide an alternative suitable site, however the report recognises other factors which may preclude its use. The planning history for this site is:
11/00412/MOUT Malton Livestock Market – Demolition of existing livestock market and erection of retail units, three storey car park and public square – Approved on appeal.
15/00612/MREM Malton Livestock Market – Demolition of existing livestock market and erection of retail units, three storey car park and public square - Approved 18.08.2015 – the permission is extant given it was started in 2017.
The site is shown as an existing allocated retail commitment in the Local Plan SP7 & SD14.
10.133. The retail sequential test indicates that the current planning permission makes the site unsuitable due to the multi storey approach as Aldi requires parking adjacent to the store on a single level to accommodate trolley shopping. Its location between conservation areas and adjacent to listed buildings means it requires an architecturally appropriate design which would make the scheme unviable for Aldi. The planning permission also requires 1,575sqm of floorspace be delivered for comparison goods. This is significantly higher than Aldi could deliver as 80% is primarily convenience offering. The sequential test also lists concerns with servicing, operational restrictions and viability with the current planning consent. A revised application could be considered as the size of the site is 0.8 hec so could accommodate the proposed food store, however the and levels represent a concern and make it’s a challenge to deliver a store, car park and service yard on the same level. Likewise open car parking may not meet the design aspirations for the area. It would also lead to the loss of 90 car parking spaces which are free to use for the public for up to 2 hours. Aldi have said it would not be possible to replace these. The sites availability is also a concern. Therefore, even with a revised planning application the site is said to be unsuitable.
10.134. Site 2 – Wentworth Street Car Park. The site lies beyond the Malton Commercial Limits and is therefore an ‘edge of centre’ opportunity. The current use provides 212 cars and 8 coach parking spaces. The site is flood zone 1 but has a high risk from surface water flooding. The sequential test deems this unsuitable and the retail sequential test also adds further justification as detailed in the policy section above. The site also has previously been considered for commercial use. 11/00927/MOUT – Wentworth street car park- Erection of retail units (use Class A1), offices (Class B1), petrol filling station, car park and public square. Approved 12.09.2014 permission quashed by Judicial Review.
10.135. Site 3 Water Lane Car Park – This lies on the fringe of the main commercial areas and is an existing car park with the River Derwent to the south. The car park is owned by North Yorkshire Council and serves the local area. The site is flood zones 3 with elements of zones 1 and 2. This wouldn’t provide a suitable alternative as it isn’t in a lesser flood zone.
10.136. Whilst no other sites in Norton have been considered this is because there aren’t any as the commercial area is densely developed with the application site being one of a few undeveloped areas. Therefore, whilst the sequential test is not exhaustive, it has proven that no suitable other sites exist in Malton or Norton adjoining the commercial area. The sequential test in respect of flooding is therefore satisfied.
10.137. The Flood Risk and Drainage Assessment Report, accompanied by the Drainage Plan and Sequential Test has proven that by raising the site levels the site can be made safe from flooding from a 1in100 year storm event +20% climate change. The sequential test has proven that there are no other sequentially preferable sites and the due to the land conditions SuDs will not be possible. The foul and surface water will be disposed of to the combined public sewer with full agreement of Yorkshire Water subject to flow rates being controlled. The outstanding issue with Yorkshire Water was solely due to landscaping in the sewer easement. The proposal will therefore be in compliance with Local plan Strategy Policy SP17.
Nature Conservation and Protected Species
10.138. Local Plan Strategy Policy SP14 aims at protecting existing biodiversity states: Proposals which would have an adverse effect on any site or species protected under international or national legislation will be considered in the context of the statutory protection which is afforded to them. This policy is consistent with chapter 15 of the NPPF which seeks to protect and enhance sites of biodiversity value.
10.139. Protected species include those protected under the 1981 Wildlife and Countryside Act and the Conservation of Habitats and Species Regulations 2010. The presence of protected species is a material planning consideration.
10.140. The application was accompanied by a suit of documents prepared by Total Ecology, which included a Preliminary Ecological Appraisal (PEA) (Sept 2022), Nesting Bird Report (Aug 23), Biodiversity Metrics report (January 2024) and Biodiversity Metric and Net Gain Report (Sept 2023). A shadow Habitat Regulation Assessment was later supplied, the final being version 3 dated July 2024.
10.141. The Preliminary Ecological Appraisal (PEA) identified five main habitat land categories were identified on site under the Phase 1 system of habitat description; the main section of site is made up of hardstanding with some woodland around the north of site. Scrub and tall ruderal habitats are scattered throughout the site. Woodland and scrub areas provide most opportunities for wildlife, potentially being used by birds, bats, badgers, and hedgehogs for cover, feeding, and commuting. The report recognised that the site’s location immediately south of a trainline, which creates a barrier to dispersal for species such as badger and hedgehog.
10.142. The report recommended that a biodiversity net gain calculation be carried out for the proposed works on site, with an aim of reaching a minimum 10% net gain in biodiversity post-construction, secured for at least 30 years, in line with the Environment Act 2021. Tree or scrub removal was recommended to take place outside bird nesting season, and it is recommended that the northern tree line is retained where possible to maintain connectivity and foraging habitat for bats and birds. Recommendations were also made for scrub clearance to allow sight of hedgehogs within the habitat and allow them to move on. The report also noted the presence of 2 statutory designated sites within 2km of the survey site, and 4 Sites of Local Nature Importance. The statutory sites are the River Derwent SAC and SSSI which is located only 115m north of site. Additionally, Norton Ings SINC is only around 50m north of site. The conclusion was the proposed works are unlikely have any significant impacts on these protected sites.
10.143. In terms of the net gain assessment, the report showed baseline of 2.33 habitat units on site with no river or hedgerow units present. After the landscaping is complete the site will provide 1.12 habitat units, resulting in a biodiversity loss of 51.88%. A total of 2.77 units will be required for a 10% nett gain. Officers note the application was submitted 31.1.2024 and validated 6.2.24 therefore before mandatory BNG. The applicants however have found a third party off site provider and agreed to purchase the necessary units to achieve compliance. Given units are being purchased a condition can secure this occurs. This therefore achieves compliance with SP14 and the aspirations of the NPPF in chapter 15.
10.144. The Council’s Ecologist assessed the information and advised that The River Derwent upstream and downstream of the centre of Norton is a Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI). Concerns were raised that the PEA didn’t evidence the statement in the PEA that effects on the SAC/SSSI are unlikely i.e. was hydrology and drainage run off considered. If significant effects cannot be ruled out a Habitat Regulations Assessment (HRA) will be required. Natural England also issued a holding objection on the basis that a HRA is required.
10.145. In terms of Biodiversity Net Gain, the BNG report (page 22) projects a net-loss for area-based habitats of 51.88%. The council’s ecologist noted that the applicant will need to demonstrate how they would make good this deficit, either on-site, off-site or via a third-party provider. Concerns were also raised why the BNG baseline habitat map does not correlate more closely with the 2023/24 satellite imagery on Google Earth in terms of scrub/woodland cover.
10.146. The ecologist agreed with the PEA in that Construction Environmental Management Plan was required and ecological enhancement measures were necessary via the submission of a Landscape & Ecological Management Plan which explains how new/retained habitats would be created, managed and monitored for a period of at least 30 years. The requirement for a CEMP and LEMP can be conditioned.
10.147. Finally, the council’s ecologist questioned why the PEA states no invasive species on the site when the Ground Investigation Report by Hydrock (dated 30 October 2023) refers to (and delineates) “a large area of Japanese Knotweed”. This needs to be clarified. Also, the Phase 1 Geo-environmental report refers to the risk of leachate affecting the River Derwent (reflecting the prior use of the site for various industrial purposes). This will need to be considered as part of the HRA screening assessment.
10.148. The agent responded in terms of impact on the River Derwent, and detailed that no surface water run off from the site will enter the river as its being discharged into the public combined sewer already present within the site. In addition, it’s not possible to reach the River Derwent due to the presence of the railway between the application site and the river. This satisfied the ecologist who agreed that this impact could be screened out however still required a HRA screening assessment.
10.149. The agent also explained that whilst the site appears green in nature from satellite imagery, this doesn’t accurately represent the quality on site. This is supported by the submitted Preliminary Ecological Appraisal submitted with the application which highlights large areas within the site which comprise ‘bare earth’. The local authority ecologist was satisfied by this explanation.
10.150. Regarding BNG, the agent states that the current landscaping plan maximises habitat delivery on site and an increase to this cannot be achieved on site. Therefore, the approach is to deliver the BNG requirement off site and this would be through a third party provider. The ecologist agreed that this could be conditioned, however given the significance this is to be controlled by a legal agreement.
10.151. The applicants submitted a shadow HRA dated May 2024 version 1. The Screening identifies construction noise and risks of accidental pollution (from chemical spills or airborne) as having potentially significant effects on the River Derwent SAC/SSSI and the features for which it is designated. Stage 2 assessment identifies mitigation measures which would control these risks to the extent that significant effects are unlikely. These measures, summarised in Table 9, would form part of the CEMP for the development. No significant effects are likely to arise from the operation of the site once construction is completed.
10.152. The Council’s ecologist commented that findings and conclusions from the Assessment seem reasonable and proportionate but commented that pollution is outside the professional remit of the ecology team and it is essential that Assessment is reviewed by an appropriate expert. The ecologist comments that the HRA doesn’t include any potential water quality impacts and leachate as required by Natural England. Natural England are likely to reject this.
10.153. On the matter of potential disturbance to breeding birds during the construction phase, e.g. from noise, this relates to a feature for which the SSSI is designated but not the SAC. North Yorkshire Council’s approach would have been to first establish the sensitivity of the location in terms of riparian breeding birds. The ecologist comments that, the urban river at Malton/Norton is not important for the bird assemblage referred to in the SSSI citation. It lacks habitat such as extensive shingle bars and sandy cliffs required by some of these species and is subject to high levels of urban pressures. Checks of the river banks from publicly accessible locations and Council-owned land (e.g. Norton Ings) would confirm this.
10.154. The shadow HRA was revised in V2 and Natural England reconsulted. Natural England maintained the view that responded the application could have potential significant effects on the River Derwent Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI). Natural England required further information on the assessment of potential water quality impacts from leachate, the potential noise impacts on otter population and further information relating to potential noise impacts on birds associated with the River Derwent SSSI.
10.155. The Council’s ecologist reiterated the need to satisfy the issues over leachate and the impact of noise on the otter population. In an attempt to progress the application, the council’s ecologist produced an ‘Assessment of the potential effects on the River Derwent SSSI bird assemblage.’ The assessment was via desk study and site visit where accessible areas of the river corridor were visited to assess riparian habitats and record birds.
10.156. The conclusion was that The River Derwent at Malton/Norton is not important for riparian breeding birds, as the walled or wooded river banks do not provide suitable habitat. It is feasible that Kingfisher or Grey Wagtail could be present as local breeding birds in very small numbers but there do not appear to be any records to confirm this. The application site has been used for various industrial purposes in the recent past. It is located within a densely built-up environment supporting a mixture of residential, commercial, retail and recreational uses and is separated from the river corridor by a railway line. The sHRA prepared on behalf of the applicant suggests that background noise affecting the River Derwent at Malton/Norton under current conditions would be around 67 db.
10.157. Assuming that good-practice controls on noise, dust, external lighting and vibration would be in place during the construction phase of the proposed development, the assessment concludes that adverse effects on local breeding bird populations are unlikely to be significant. More detailed assessment of noise impacts is provided within the Shadow Habitat Regulations Assessment drafted by the applicant’s ecologist, with mitigation recommendations summarised in Table 9.
10.158. This section of the Derwent corridor has never been used by wintering Bewick’s Swans, which no longer winter in significant numbers in the traditional sites around 40 km downstream. On balance, it is very unlikely that development of the proposed retail store would have any significant effect on the bird communities for which the SSSI is designated, either during the construction phase or operational phase. Appropriate planning conditions will be used to ensure that construction work follows a robust Construction Environmental Management Plan.
10.159. The agents updated the shadow HRA as version 3 and stated that with regards to Water Quality – Leachate all drainage on site is collected and stored on site through hardstanding across the development and released at an appropriate rate into an existing public combined sewer. This will ensure that no leachate or other materials can enter the ground and would therefore not have any impact on the River. As a result, short term impacts are deemed to be low, with negligible impacts occurring over the long-term.
10.160. In response to the issue of noise disturbance to birds and/or otters, the applicant pointed out that the area is urban which has seen various historic industrial uses in the past, however and more importantly, a rail-line lies between the application site and the River Derwent SAC. The noise assessment demonstrates that the development we will not have an adverse impact on any noise sensitive receptor, indeed the level of background noise is already high in this location (at least 44dB) due to the rail line, but also Yorkshire Water owned water pumping station to the immediate north of the site. As a result, the operation of the store does not have any additional impact on the current baseline position for any receptor located adjacent to the site. This would be even further reduced for a receptor the 30m+ plus distance (and significant drop) which the River Derwent lies in comparison to the site. For this reason, it is considered that there would not be any noise impact on wildlife, when compared with the existing noise climate at the site.
10.161. The updated HRA V3, drainage plan, noise survey and River Derwent SSSI bird assemblage was sent to Natural England, who withdrew their objection in the response dated 13.8.24 subject to a condition that required the implementation of all mitigation measures outlined in the shadow Habitat Regulations Assessment dated July 2024 V3. They also indicated that the CEMP which is controlled by condition should also include the mitigation measures as set out in Table 9 of the shadow HRA. On this basis the Local Planning Authority adopts Shadow Habitat Regulations Assessment – Commercial Street Norton dated 15th July 2024 V3 prepared by Total Ecology.
10.162. As such, it is considered that the proposal is acceptable and in accordance with Local Plan Strategy Policy SP14, chapter 15 of the NPPF, the Wildlife and Countryside Act 1981 and Conservation of Habitats and Species Regulations 2017.
Heritage Asset & Conservation Area
10.163. Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that special attention is paid in the exercise of planning functions to the desirability of preserving and enhancing the character and appearance of a Conservation Area.
10.164. Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that special attention is paid in the exercise of planning functions to the desirability of preserving the Listed Building(s) or its setting or any features of special architectural or historic interest which it possesses.
10.165. Local Plan Strategy Policy SP 12 states in protecting the historic assets, the Council will “seek to ensure the sensitive expansion, growth and land use change in and around the Market Towns and villages, safeguarding elements of the historic character and value within their built-up areas, including visually Important Undeveloped Areas*, as well as surrounding historic landscape character and setting of individual settlements.” The policy also states “In considering and negotiating development proposals, the Council will seek to protect other features of local historic value and interest throughout Ryedale having regard to the scale of any harm or loss and the significance of the heritage asset.
10.166. The site lies within the Norton Conservation Area and a small number of Listed Buildings surround the site. Directly opposite the site entrance is the old Manor House, known as The Elms 22 Commercial Street, which is a Grade 2 Listed Building. To the of the entrance is 49 Commercial Street which is a Grade 2 Listed Building the fronts Commercial Street.
10.167. Both the NPPF and Policy SP12 of the LPS require the impact of the proposals upon the heritage assets to be carefully addressed. The application was accompanied by a Heritage Statement contained within the ‘Planning, Retail and Heritage Statement’ document. The document identifies SP12 as the main policy which states “To assist in protecting the District’s historic assets and features, the Council will: Seek to ensure the sensitive expansion, growth and land use change in and around the Market Towns and villages, safeguarding elements of the historic character and value within their built up areas, including Visually Important Undeveloped Areas*, as well as surrounding historic landscape character and setting of individual settlements”
10.168. The report notes that the application site itself does not contain any historic buildings but is within the Norton Conservation Area, therefore its impact on the Conservation Area and its setting is of most relevance. Annex 2 of NPPF describes the setting of a heritage asset as “…the surroundings in which a heritage asset is experienced. Its extent is not fixed and may change as the assets and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset, may affect the ability to appreciate that significance or may be neutral.”
10.169. The report describes how the Conservation Area was first designated in 1999 and was later appraised in July 2017 as part of Norton Town Councils work on the preparation of a Neighbourhood Plan. The assessment shows how the maps form 1851 show the application site as being undeveloped for buildings and used perhaps as garden space for the buildings facing Commercial Street. The Conservation Area’s character is described as being a small traditional town focussing on trade and commerce with land beyond the main street quickly changing in nature to become residential. The building form is largely domestic in scale, at generally 2-3 storeys in height.
10.170. The report picks up the commentary from the character assessment which states “The appraisal considers that there are three main character areas within the conservation area. This application falls into Area 2 – Commercial Street, with specific reference to the application site, where the appraisal states:
“This is followed by a range of 19th and early 20th century shops unfortunately interrupted by a gap site (Nos 25-27) opening onto a large recently cleared site running down to the railway. It would be a great benefit for this site to be redeveloped,”
10.171. The Heritage Assessment correct identifies the nearby listed Buildings, the closest being No 49 Commercial Street. The report states view from No.49 are significantly restricted by the presence of new build flats to the immediate north. Furthermore, the formal listing for the building, notes under the ‘details’ section that the importance of the building principally relates to its elevation onto Commercial Street (facing south) rather than any other elevation. The report concludes by stating “It is therefore clear that the proposals would have no impact on this building or its setting.”
10.172. The Heritage Assessment doesn’t assess the impact on No.22 Commercial Street opposite the site entrance, however officers do not consider the setting of this building to be negatively impacted.
10.173. The Heritage Assessment states that the redevelopment of the site will have a positive impact on the Conservation Area through the removal of the unkept brownfield site. The report notes that the application site is ‘backland’ in nature with little visibility from Commercial Street. The Conservation Area Character Appraisal notes that the land to the rear of Commercial Street (both north and south) was of mixed form with some of the areas comprising commercial buildings. The Heritage Statement states that the Aldi proposals would complement this character in a subtle non-intrusive manner.
10.174. The Heritage Statement also notes that the form and massing is consistent in the local area. The surrounding properties are largely 2-3 storeys in height, and the proposed mono pitch (blade roof) building set on a low land level will help to blend the development into the urban landscape. The Heritage Statement details how the proposed new building will not compete with the shopfronts on Commercial Street thereby preserving the character of the conservation area. This is further clarified by the submitted site sections, which show the proposed store in context of the surrounding buildings.
10.175. The Heritage Statement makes the point that within the approved housing scheme ref 14/00947/MFUL, the conservation officer noted that a reduced scale of development there was appropriate. The site plan for those proposals includes new buildings of up to 5m eaves and 8.5m apex. This current submission proposes a building of approximately 5m to the rear and 6.5m maximum height. The report concludes by saying the building is appropriate in its context and will also be screened when viewed from the north by existing mature trees on the railway boundary.
10.176. The Heritage Statement also discusses the issue of reducing the gap fronting Commercial Street to lessen the impact of the existing opening on the conservation area. The report details why this cannot occur in that the space within the site needs to be maximised the loss of parking directly on Commercial Street to allow suitable visibility splays and improvements to bus stop provision needs to be addressed. The wide access way will prove 3 public car parking spaces to replace those lost on the frontage. The statement indicates that this matter is something which local residents and business feel particularly strongly about to ensure they are not unduly affected by the proposals. The gap is of course needed to accommodate both customer vehicle and pedestrian traffic, but also to allow HGV deliveries to service the store.
10.177. The statement demonstrates that the existing access route will be enhanced by the construction of a new brick and pier wall running along the eastern side of the access. The CGI images show this as a pale sand coloured brick which isn’t overly characteristic however the material in which the wall is reconstructed can be controlled by condition.
10.178. In terms of materials, the Heritage Statement explains how a simple palette of materials is proposed to ensure that the store is not prominent within its setting and how the ‘significant landscaping around the site’ offsets the visual impact. Whilst the new planting is acknowledged, officers do not consider this as being ‘significant’ nor does the planting screen views from the Conservation Area.
10.179. The Design and access Statement explains “the overall design of the store is a modern, contemporary style with a simple palette of materials combining silver and grey cladding, aluminium windows, steel doors and glazing. There is a canopy wrapping above the shop front which runs along the west elevation to maximise natural light in the store.”
10.180. Having assessed the detailed submitted information the Conservation Officer raised no objection in principle to the redevelopment of the site, however suggested that the external facing materials should better reflect the Conservation Area such as brick being should be used on the walls of the building.
10.181. Following further discussion, the plans were amended to remove the majority of cladding from the frontage and replacing this with brick which wrapped around the southern corner. The brick work extended throughout half of the southern elevation to enhance views into the site from Commercial Street. The brick type was also changed from the buff colour in the CGI images to a more red/multi coloured clamp styled brick to better reflect those used locally. A materials condition is added to the recommendation to control this further. The colour of the entrance feature wall was also amended to better reflect the surrounding building materials. The cladding on the upper part of the frontage was also made darker (RAL 7016) to reflect the colour used in the powder coated aluminium shop front and the blue slate used locally on the roofs in the area. This was viewed as a suitable compromise between achieving a modern design building whilst not competing with the heritage assets in the area.
10.182. To conclude the heritage impact matters, officers welcome the sensitive redevelopment of this backland site. The buildings scale and form ensure it doesn’t compete with the buildings on Commercial Street and respects the character of the Norton Conservation Area. The building will be largely screened by existing development and will have no material impact on any adjacent Listed Buildings. The amended building design and materials will ensure it will enhance the Conservation Area thereby complying with the requirements of Policy SP12 of the Local Plan Strategy, Section 16 of the NPPF and legislative guidance in the 1990 Planning & Listed Buildings Act.
Archaeology
10.183. The application was accompanied by an Archaeological and Heritage Desk Based Assessment prepared by MAP Archaeological Practice. The desk-based assessment is supported by reports on archaeological trial trenching including a previous report from 2015 on the western half of the site and newly commissioned work in the eastern part of the site. The trial trenches have demonstrated that deposits of the Roman period survive within the development area but that these are differentially preserved. The earlier trenching, followed by a set piece archaeological excavation, revealed evidence of well-preserved Roman features and possible buildings within the western part of the site. The more recent trenching demonstrated that modern overburden, of considerable depth, overlays natural alluvial deposits.
10.184. This information was assessed by the Council’s Archaeologist who recognised that the new build elements are located in the eastern half of the development area and this should have a limited impact on the basis of the presence of modern overburden. The car park to the west is situated in the area of higher potential and in theory, this should have a low impact. Further information on formation levels, drainage and services would be required to establish the exact impact.
10.185. The archaeological desk-based assessment concludes that archaeological remains will either be preserved in situ, either below formation level, or where this is not achievable then archaeological mitigation recording will take place prior to development. The council’s archaeologist agreed with this assessment and agreed that this could be controlled by a planning condition that requires that a scheme of archaeological mitigation recording is undertaken in response to the ground disturbing works. This should comprise an archaeological strip, map and record to be undertaken in advance of development, including site preparation works, top soil stripping, excavations for new foundations and new drainage or services, to be followed by appropriate analyses, reporting and archive preparation. This is in order to ensure that a detailed record is made of any deposits/remains that will be disturbed. This will ensure compliance with Section 16 of the NPPF.
Land Contamination & Air Pollution
10.186. Policy SP17 of the Local Plan Strategy Supports new uses for land which is contaminated or degraded where an appropriate scheme of remediation and restoration is agreed and in place. SP17 ensures Air Quality will be protected and improved by
· Locating and managing development to reduce traffic congestion and air pollution and promote the use of alternative forms of travel to the private car
· Supporting measures to encourage non-car based means of travel or the use of low emission vehicles
· Reducing air quality emissions from buildings through renewable energy provision and sustainable building standards in line with Policy SP18
· Requiring development proposals within or adjoining the Malton Air Quality Management Area to demonstrate how effects on air quality will be mitigated and further human exposure to poor air quality reduced. All development proposals within or near to the Air Quality Management Area which are likely to impact upon air quality; which are sensitive to poor air quality or which would conflict with any Air Quality Action Plan will be accompanied by an Air Quality Assessment.
· Only permitting development if the individual or cumulative impact on air quality is acceptable and appropriate mitigation measures are secured.
10.187. Policy SP20 states “New development proposals which will result in an unacceptable risk to human life, health and safety or unacceptable risk to property will be resisted. Developers will be expected to address the risks/potential risks posed by contamination and/or unstable land in accordance with recognised national and international standards and guidance.”
10.188. NPPF paragraph 187. Planning policies and decisions should contribute to and enhance the natural and local environment by: Preventing new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of soil, air, water or noise pollution or land instability."
10.189. NPPF paragraph 196 requires decisions should ensure that a site is suitable for its proposed use taking account of ground conditions and any risks arising from contamination. Paragraph 196 c) states adequate site investigation information prepared by a competent person is available to inform contamination assessment.
10.190. Paragraph 199 requires decisions should sustain and contribute towards compliance with relevant limit values or national objectives for pollutants, taking into account the presence of Air Quality Management Areas and Clean Air Zones, and the cumulative impacts from individual sites in local areas.
10.191. With regards to Contamination the application was supported by a Phase 1 Geo-environmental Assessment produced by H3e Consulting. This described the site as being a mixture lack of mixed concrete, tarmac and gravel surfacing with several man-hole covers noted across the surface. The eastern and western site areas are heavily overgrown with many semi mature / mature trees and shrubs present with the potential presence of Japanese Knotweed also noted across some areas of the site. The report noted the historical land use, which was originally part of a residential site with orchard, with various yards and unnamed buildings extending across the south-eastern portion of the site. In addition, numerous industrial processes have operated within close proximity to the site (including garages (MOT and repair), gas works, railway line / sidings, timber yards and works). The site is likely to have made ground. The report concluded that the site presents a moderate environmental risk with respect to contamination. Ground gas risk from both on-site and off-site sources is considered low to moderate. The report concludes by recommending further site investigation work to assess potential geotechnical and environment constraints in relation to the development. The applicant also includes a preliminary ground investigation by Hydrock. This also recommends that a further phase 2 ground investigation is necessary following the completion of the vegetation removal, which includes the Japanese Knotweed.
10.192. The Council’s EHO notes accepts the finding of the reports that there is land contamination on the site and this unit accepts the recommendations from the phase 2 report that all areas of soft landscaping will be required to mitigate any potential risk to future end users. This will require a minimum of 600mm of clean ‘suitable for use’ imported soil. A verification report that the soil used is clean must be submitted to the local planning authority for approval. This unit also recommends that the fragments of (ACM) on the site be removed prior to construction. This unit notes that further ground water and ground gas investigations are required in order to establish the likelihood of contamination and therefore the remediation if contamination is present. Conditions are suggested to cover this requiring a phase 2 assessment, remediation works, verification of any works and reporting of any unexpected contamination.
10.193. With regards to Air Quality, the application was accompanied by an Air Quality Assessment produced by NJD Environmental Associates (November 23). The report noted that the site is located approximately 240m south-east of the Malton Air Quality Management Area (AQMA), declared by Ryedale District Council (RDC) due to exceedances of the annual mean air quality objective (AQO) for nitrogen dioxide (NO2). The Site is also located in an area where air quality is mainly influenced by road traffic emissions along the B1248 Commercial Street and the local road network.
10.194. A qualitative assessment of the potential impacts on local air quality from construction phase activities has been undertaken. This identified that there is a medium to low risk of dust soiling impacts and a low to negligible risk of increases in particulate matter concentrations, due to unmitigated construction activities. However, through good site practice and the implementation of the recommended mitigation measures, the effects of dust and PM10 releases would be significantly reduced. The residual effects of dust and PM10 generated by construction activities on air quality are therefore, considered to be not significant.
10.195. The number of vehicular trips generated by the scheme was also assessed and was found to exceed the IAQM criteria, and as such, a detailed dispersion modelling assessment was undertaken, to determine the potential for traffic movements on the local road network, and those associated with the proposed scheme. Predicted concentrations of all pollutants were considered during the assessment scenarios for the operational phase, were below the relevant AQOs and target values. The report concluded that the proposed development is expected to result in negligible impacts concentrations at the worst-case scenarios, in closest proximity to the roads affected by the highest development flows. The residual effects are predicted to be not significant in accordance with IAQM guidance and as such, the implementation of additional mitigation measures during the operational phase is not required. Based on the results of the assessment, it is concluded that air quality should not be a prohibitive factor in the determination of the planning application.
10.196. Concerns were raised in the third-party objections over the Aldi stores predicted 545 additional daily vehicle movements on Castlegate, Malton (the most likely route of choice for people from Malton visiting the store). The concern is that if the Norton Road traffic scheme gets back on track, then levels will be exceeded. Also, concern was raised that neither the Aldi store AQIA, nor the Taylor Wimpey AQIA for the proposed development, takes account of the other i.e. cumulative impact of all other developments.
10.197. The Council’s scientific officer raised no objections to the Air Quality Assessment and noted that there was no provision in the current Local Plan to take account of the cumulative impacts and will continue to assess air quality on an individual development basis. Officers however note that the NPPF at paragraph 199 does however allow for the cumulative impacts to be considered. In view of this the council will continue to monitor air quality by the diffusion tube as a precaution. In addition, a new real time monitor will be installed at the crossroads of Yorkersgate and Castlegate that will measure both nitrogen dioxide and particulates. These measures will provide some reassurance to local residents relating to the possible implications of larger developments. In terms of direct mitigation for this retail scheme, these involve dust suppression during construction, and this is covered in the Construction Management Plan condition.
10.198. The application site is also not within a Development Risk area for coal mining.
10.199. To conclude the development is acceptable consider to be a risk to human health in respect of contamination of the land, nor will significantly impact on air quality. Therefore, subject to the contamination conditions suggested the scheme achieves compliance with Policies SP17 and SP20 of the Local Plan Strategy (2013) and guidance in the chapter 15 of the NPPF.
Impact on the railway
10.200. The site lies to the immediate south of the Malton - Scarborough railway line controlled by Network Rail. The application site boundary was inset from the railway boundary and the site plan shows a 2m weldmesh fence on the northern boundary to provide security to the railway.
10.201. Network Rail were consulted on the application and advised that due to the proximity of the railway it would be necessary for the applicant to liaise with the Asset Protection Team of Network Rail prior to any work taking place on site to ensure that the development can be undertaken safely and without impact to operational railway safety. It was agreed with Network Rail that this would be an informative on any planning approval.
10.202. Secondly Network Rail advised that it is imperative that drainage associated with the site does not impact on or cause damage to adjacent railway assets. Surface water must flow away from the railway, there must be no ponding of water adjacent to the boundary and any attenuation scheme within 30m of the railway boundary must be approved by Network Rail in advance. There must be no connection to existing railway drainage assets without prior agreement with Network Rail. Network Rail suggested a condition requiring details of the drainage. The application was accompanied by a drainage strategy (Hydrock 18.1.24) and applicants then produced a ‘Proposed Drainage Plan Revision P02’ showing all surface water being directed away from the railway line into a Yorkshire Water combined sewer. This satisfied Network Rail and prevented the need for the further drainage condition.
10.203. Network Rail also wanted to ensure the boundary treatments, landscaping and lighting were all appropriately designed given the adjacent asset. In terms of Trespass Proof Fencing this was annotated as weldmesh however no details were provided. Network Rail wish to see the exact fencing detail and the applicants and Network Rail were content for this to be controlled by condition.
10.204. Likewise, Network Rail wished to see Vehicle Incursion Measures like an Armco or similar barrier (e.g. trief kerb) be located in positions where vehicles may be in a position to drive into or roll onto the railway or damage the lineside fencing. Again, it was agreed by all parties that this could be conditioned.
10.205. Network Rail emphasised that it is imperative that planting and landscaping schemes near the railway boundary do not impact on operational railway safety. This could be where leaves fall onto the line, or the trees grow and impact on the asset. Sufficient room should be left for maintenance of the railway line and its fencing. They provide a list of species that are acceptable and unacceptable for planting in proximity to the railway boundary. The Network Rail officer assessed the landscape plan and raised no objections to the species or the location of the planting providing it forms an approved plan.
10.206. Finally, Network Rail wished to ensure that any lighting proposed did not dazzle train drivers where lighting is to be erected adjacent to the operational railway. In addition, the location and colour of lights must not give rise to the potential for confusion with the signalling arrangements on the railway. The applicants produced an External Lighting Layout Plan Revision P02 which showed very low levels of light spillage onto the northern boundary (mainly +0/+1 Lumens) which satisfied Network Rail.
Minerals and Waste
10.207. The application site is located within an area identified for the safeguarding of mineral resources, specifically sand gravel. Relevant policies in relation to the NYCC Minerals and Waste Plan 2022 are S01, S02 and S07, which reflect advice in the Chapter 17 of the NPPF. The policies seek to protect future mineral resource extraction by safeguarding land where the resource is found and avoiding such land being sterilised by other development.
10.208. Certain types of development are regarded as exempt development. This includes redevelopment of previously developed land not increasing the footprint of the former development. |This site is partially previously developed therefore part exempt and the remainder of the site is within a urban location therefore un suitable for mineral extraction.
S106 Legal Agreement
10.209. The following Heads of Terms have been agreed with the applicant for this applications.
|
Table 1 |
||
|
Category/Type |
Contribution |
Amount & Trigger |
|
Travel Plan Monitoring |
£5000 |
Payment upon commencement of the development.(index linked) |
|
Pedestrian Crossing upgrade on Church Street |
£25,000 |
Payment upon commencement of the development.(index linked) |
10.210. The Travel Plan monitoring fee is directly related to the development and necessary to ensure the sustainable transport measures are delivered and monitored. Secondly the pedestrian crossing improvement is a direct result of the bus stop moving which is needed to enable the site to be developed and there the use of the crossing will increase and needs to be upgraded.
10.211. It is considered that the above S106 Heads of Terms are necessary, directly related to the development and fairly and reasonably related in scale and kind to the development and as such complies with the Community Infrastructure Levy (CIL) Regulations 2010.
11.0 PLANNING BALANCE AND CONCLUSION
11.1. The spatial development hierarchy outlined in Policy SP7 seeks to deliver sustainable development across the former district of Ryedale focusing large retail development primarily in the principal town of Malton or other local centres such as Norton. This site is on the very edge of Norton commercial centre, highly sustainable and supported by the newly adopted Neighbourhood Plan to stimulate new growth in Norton and tidy up the rear of the shops on Commercial Street. The applicant has also demonstrated that therefore are no other sequentially preferable sites for the development and that its development will not harm the vitality and viability of the Norton retail centre. The proposal is therefore policy complaint.
11.2. The positives of the scheme include the reuse of a sustainable brownfield site, increased consumer choice in an accessible location and help stimulate linked trips to Norton Centre. The amended design of the building ensures it do not create harm to the Norton Conservation Area and will be a welcome addition to the townscape.
11.3. Neutral matters include the lack of conflict with the railway line to the north. The site-specific flood risk implications are acceptable, as is the detailed drainage design. There would be no harm arising from highway access or capacity issues and contributions are being made towards off site pedestrian improvement works on Church Street. There would be no harm to protected species following mitigation or any harm to designated sites; the site can be made safe from contamination; residential amenity would not be harmed; there is no harm to heritage; noise and air pollution matters are acceptable.
11.4. Whilst there has been some opposition to the proposal particularly from opposing retailers and nearby residents, the issues raised have been addressed. It has been demonstrated that the scheme is in accordance with development plan policy and accordingly the adverse impacts of granting permission would not significantly and demonstrably outweigh the benefits. The proposal benefits from the presumption in favour of sustainable development. Therefore, planning permission should be granted subject to conditions and prior agreement of a S106 agreement.
12.0 RECOMMENDATION
12.1 That the Committee indicate that they are minded to approve the application subject to the prior completion of a Section 106 agreement to secure matters detailed in paragraph 10.209 above and subject to the conditions set out below and delegate the decision to the Executive Officer Development Management and Building Control.
Time
1. The development for which permission is hereby granted shall be begun within a period of three years from the date of this permission.
Reason:
In order to comply with the provisions of Section 51 of the Planning and Compulsory Purchase Act 2004.
Plans List
2. The development hereby permitted shall be carried out in accordance with the plans/drawings and assessments listed below:
Location Plan
Drainage Layout Plan Ro_50_20_11-1000 S2 Rev P02 (9.4.2024)
Proposed Levels Plan Ro_50_20_11 – 2000 S2 P07
Landscape Plan NSH 013 P101 Rev H
Lighting Plan 5092-C21-XX-XX-DR-Z Ss_37_16_90-0001-S1-P02
Site Plan PM_40_50-21-0002 S4 Rev P05
Interim Travel Plan Report 48014-002 November 2024 Rev 3
Transport Assessment 48014-002 November 2024 Rev 3
External Lighting Plan SS_37_16_90-0001 S1 P02
Reason:
For the avoidance of doubt and to ensure the development is carried out in accordance with the approved plans and documents.
Drainage
3. The development shall be built in accordance with the following submitted drainage designs:
Proposed Drainage Layout, Hydrock, Reference 79-E1625-HYD-ZZ-X-DR-C-1000 Revision P02, dated 09/04/2024.
The flow rate from the site shall be restricted to a maximum flowrate of 5.0 litres per second. A 40% allowance shall be included for climate change for the lifetime of the development. Storage shall be provided to accommodate the minimum 1 in 100 year plus climate change plus urban creep critical storm event.
Reason:
To ensure that the development is built to the submitted drainage design: to prevent the increased risk of flooding: to ensure the provision of adequate and sustainable means of drainage in the interests of amenity in accordance with Local Plan Strategy SP17.
Store Opening Hours
4. The store opening hours shall be limited to 08:00 to 22:00 Monday to Saturday and 10:00 to 18:00 on Sundays.
Reason:
To protect the residential amenity of the locality and in order to comply with the NPPF and Local Plan Strategy Policy SP20.
Store Delivery Times
5. The store delivery period shall be limited to 07:00 to 23:00 Monday to Saturday and 08:00 to 20:00 on Sundays.
Reason:
To protect the residential amenity of the locality and in order to comply with the NPPF and Local Plan Strategy Policy SP20.
Lighting scheme
6. Prior to the use of the building becoming operational, a detailed lighting scheme based on the submitted lighting layout Ss_37_16_90 – 0001 S1 P02 shall be submitted to and approved in writing by the Local Planning Authority. This shall show all heights and designs of lighting. Once agreed the lighting shall be installed in accordance with the agreed details and thereafter be so retained.
Reason:
In accordance with Local Plan Strategy Policies SP16 and SP 20 to ensure that lighting does not spill out from the application site and cause harm to the living conditions of neighbouring dwellings and the character of the conservation area.
Written Scheme of Investigation
7. A) No demolition/development shall commence until a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and:
1. The programme and methodology of site investigation and recording
2. Community involvement and/or outreach proposals
3. The programme for post investigation assessment
4. Provision to be made for analysis of the site investigation and recording
5. Provision to be made for publication and dissemination of the analysis and records of the site investigation
6. Provision to be made for archive deposition of the analysis and records of the site investigation
7. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.
B) No demolition/development shall take place other than in accordance with the Written Scheme of Investigation approved under condition (A).
C) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.
Reason:
To ensure any underground heritage is preserved and recorded in accordance with Local Plan Strategy Policy SP 12 and Section 16 of the NPPF.
Materials
8. No development shall commence above slab level until details and samples of the materials to be used in the construction of the external surfaces, i.e. external walls, roof, cladding, boundaries, surface treatment of the development hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.
Reason:
To ensure the materials are appropriate for the area in accordance with Local Plan Strategy Policies SP 16 and SP 20.
Network Rail -Weldmesh Fencing details
9. Prior to installation full details of the Weldmesh northern boundary fencing specification shall be submitted to and approved in writing by the Local Planning Authority. Once agreed the fence shall be installed in accordance with the approved details and thereafter retained.
Reason:
To ensure the fencing materials are appropriate for the area and provide the necessary level of security for the railway in accordance with Local Plan Strategy Policies SP 16 and SP20.
Network Rail Vehicle Incursion
10. Prior to the development being brought into use full details of vehicle incursion measures on the northern boundary shall be submitted to and approved in writing by the Local Planning Authority. Once agreed the fence shall be installed in accordance with the approved details and thereafter retained.
Reason:
To ensure the northern boundary is protected from vehicles crashing through the fence onto the railway asset area in accordance with Local Plan Strategy Policies SP 16 and SP20.
Planting first available planting season & replacement
11. All planting, seeding or turfing comprised in the approved details of landscaping (Landscape Plan - NSH 013 P101 Rev G) shall be carried out in the first planting and seeding seasons following the first occupation of the buildings or the substantial completion of the development, whichever is the sooner. Any trees which die, are removed or become seriously damaged or diseased within the first five years shall be replaced in the next planting season with others of
similar size and species.
Reason:
In the interests of visual amenity and in order to comply with Policies SP16 and SP20 of the Local Plan Strategy.
EV charging
12. The store hereby permitted shall not open to customers until the 4 electric vehicle charging points detailed on the proposed site layout have been installed and are fully operational. These shall remain operational for the lifetime of the use and be subsequently retained for that purpose.
Reason:
To encourage the use of low emission vehicles, in turn reducing CO2 emissions and energy consumption levels in accordance with Local Plan Strategy Policy SP18.
Crime Prevention measures
13. Prior to the commencement of any aboveground construction work a scheme of crime prevention measures shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall provide rationale and mitigation that takes account of the observations, advice and recommendations contained within the Designing out Crime Report ref. 092-1-2024 MR, 23 Feb 2024.
Reason:
To promote safe communities and to satisfy paragraphs 96 and 135 of the NPPF and Local Plan Strategy Policy SP16.
Construction hours
14. Any excavation or construction work associated with the development hereby approved shall be carried out only between the hours of:-
0800 -1800 hours Mondays to Fridays
0800 -1300 hours Saturdays
and at no time on Sundays and Bank (or Public) Holidays.
Reason:
To protect local amenity during construction in accordance with Local; Plan Strategy Policy SP20.
Verification of Noise
15. Within 3 months of opening, the developer shall submit a verification report to provide confirmation that the approved sound insulation scheme has been implemented and is fully operational. This verification report shall be submitted to and be approved in writing by the Local Planning Authority and the measures within the sound insulation scheme retained for the lifetime of the use.
Reason:
To protect local amenity during the operational phase of the development in accordance with Policy SP20.
Construction Environmental Management Plan
16. No building, engineering or other operations shall take place until a Construction & Environmental Management Plan has been submitted to and approved by the local planning authority. The submitted Plan shall detail air, water and noise pollution prevention measures as outlined in Table 9 of the Shadow HRA July 2024 and include:
o hours of delivery, demolition and construction working
o details of on-site parking capable of accommodating all staff and sub-contractors vehicles clear of the highway
o loading and unloading of plant and materials
o details of on-site materials storage area capable of accommodating all plant and materials required for the operation of the site
o details of measures for the mitigation and monitoring the effects upon identified species in the CEMP and their protection during development
o details of any temporary or construction lighting
o a Soil Management Plan to ensure soils are retained on site where appropriate
o details of measures for the mitigation and monitoring of impacts of noise, vibration, dust and dirt upon residential property in close proximity and the amenities of local residents
o measures to provide for regular and effective communication with local residents
o a scheme for recycling/disposing of waste resulting from demolition and construction works
o measures to control the spread of mud including, if necessary, wheel washing facilities.
o details of the routes to be used by HGV construction traffic
o a traffic management plan
o a communications plan
The approved Plan shall be adhered to throughout the construction works.
Reason:
This condition is necessary in order to address construction management issues before works commence and in the interests of protecting the ecological value of the site character and amenities of the area in order to comply with plan Local Plan Strategy Policy SP14.
LEMP
17. Before the development is first brought into use a landscape and ecological management plan including long term design objectives management responsibilities and maintenance schedules for all landscape areas shall be submitted to and approved in writing by the local planning authority. The management plan shall include measures for 30 years maintenance following the first 5 years from establishment. The landscape management plan shall be carried out as approved.
Reason:
To ensure the scheme is developed and managed for future years in accordance with the approved detail and therefore maintained. This will ensure the development accords with Local Plan Strategy Policy SP14.
Off Nett Gain
Once approved, the development will need to proceed in accordance with the BGP.
Reason:
To comply with Biodiversity Net Gain as per Local Plan Strategy Policy SP14 and the NPPF with respect to nature conservation.
Ecological Mitigation
19. The development hereby approved shall be implemented in accordance with the mitigation measures as outlined in the para 6.3 (Proposed Mitigation) Table 9 of Version 3 of the shadow Habitat Regulations Assessment (July 2024).
Reason:
To ensure adherence to Environmental legislation and to protect adjoining Local Wildlife sites.
Japanese Knotweed removal
20. Prior to the commencement of development, a method statement detailing biosecurity protocol for the treatment and eradication of invasive non-native species (Japanese Knotweed) shall be submitted to and approved in writing by the Local Planning Authority.
Reason:
To ensure adherence to environmental legislation and protect adjoining Local
Wildlife Sites.
Contamination phase 2
21. Prior to development commencing, a site investigation and risk assessment must be undertaken to assess the nature, scale and extent of any land contamination and the potential risks to human health, groundwater, surface water and other receptors. A written report of the findings must be produced and is subject to approval in writing by the Local Planning Authority. It is strongly recommended that the report is prepared by a suitably qualified and competent person.
Reason:
To ensure that the site is suitable for its proposed use taking account of ground conditions and any risks arising from land contamination.
Remediation
22. Where remediation works are shown to be necessary, development (excluding demolition) shall not commence until a detailed remediation strategy has been be submitted to and approved by the Local Planning Authority. The remediation strategy must demonstrate how the site will be made suitable for its intended use and must include proposals for the verification of the remediation works. It is strongly recommended that the report is prepared by a suitably qualified and competent person.
Reason:
To ensure that the proposed remediation works are appropriate and will remove unacceptable risks to identified receptors.
Verification
23. Prior to first occupation or use, remediation works should be carried out in accordance with the approved remediation strategy. On completion of those works, a verification report (which demonstrates the effectiveness of the remediation carried out) must be submitted to and approved by the Local Planning Authority. It is strongly recommended that the report is prepared by a suitably qualified and competent person.
Reason:
To ensure that the agreed remediation works are fully implemented and to demonstrate that the site is suitable for its proposed use with respect to land contamination. After remediation, as a minimum, land should not be capable of being determined as contaminated land under Part 2A of the Environmental Protection Act 1990.
Unexpected contamination
24. In the event that unexpected land contamination is found at any time when carrying out the approved development, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and, if remediation is necessary, a remediation strategy must be prepared, which is subject to approval in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation strategy, a verification report must be submitted to and approved by the Local Planning Authority. It is strongly recommended that all reports are prepared by a suitably qualified and competent person.
Reason:
To ensure that risks from land contamination to the future users of the land and
neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other receptors and to satisfy Local Plan Strategy Policies SP17 and the NPPF.
Flooding
25. The development hereby permitted shall be carried out in accordance with the following requirements measures set out in the Flood Risk and Drainage Assessment P21-173-HYD-XX-XX-RP-C-0500 27th March 2025:
Finished floor levels shall be set no lower than 20.287 metres above Ordnance Datum (AOD).
Compensatory storage shall be provided as detailed in the flood risk assessment.
The applicant should also implement the flood resilient / flood proof construction techniques as detailed in the mitigation section of the FRA.
Reason:
To reduce the risk of flooding to the proposed development and future occupants and to prevent flooding elsewhere by ensuring that compensatory storage of flood water is provided.
Visibility Splay
26. There must be no access or egress by any vehicles between the highway and the application site at Commercial Street Norton until splays are provided giving clear visibility of 25 metres measured along both channel lines of the major road from a point measured 2.4 metres down the centre line of the access road. In measuring the splays, the eye height must be 1.05 metres and the object height must be 0.6 metres. Once created, these visibility splays must be maintained clear of any obstruction and retained for their intended purpose at all times.
Reason:
In the interests of highway safety
Off site Highway works
27. The following schemes of off-site highway mitigation measures must be completed as indicated below:
• Relocation and upgrade of existing Bus Stop at the site entrance, to a more western position on B1248 Church Street prior to first occupation
For each scheme of off-site highway mitigation, except for investigative works, no excavation or other groundworks or the depositing of material on site in connection with the construction of any scheme of off-site highway mitigation or any structure or apparatus which will lie beneath that scheme must take place, until full detailed engineering drawings of all aspects of that scheme including any structures which affect or form part of the scheme have been submitted to and approved in writing by the Local Planning Authority.
A programme for the delivery of that scheme and its interaction with delivery of the other identified schemes must be submitted to and approved in writing by the Local Planning Authority prior to construction works commencing on site.
Each item of the off-site highway works must be completed in accordance with the approved engineering details and programme.
Reason:
To ensure that the design is appropriate in the interests of the safety and convenience of highway users.
Access parking and turning
28. There must be no excavation or other groundworks, except for investigative works, or the depositing of material on the site in connection with the construction of the access road or building(s) at Commercial Street Norton until full details of the following have been submitted to and approved in writing by the Local Planning Authority:
• vehicular, cycle, and pedestrian accesses;
• vehicular and cycle parking;
• vehicular turning arrangements including measures to enable vehicles to enter and leave the site in a forward gear, and;
• loading and unloading arrangements.
No part of the development must be brought into use until the vehicle access, parking, manoeuvring and turning areas at Commercial Street Norton have been constructed in accordance with the details approved in writing by the Local Planning Authority. Once created these areas must be maintained clear of any obstruction and retained for their intended purpose at all times.
Reason:
To ensure appropriate on-site facilities in the interests of highway safety and the general amenity of the development.
Provision of Approved Access, Turning and Parking Areas
29. No part of the development must be brought into use until the access, parking, manoeuvring and turning areas for all users at Commercial Street Norton have been constructed in accordance with the details approved in writing by the Local Planning Authority. Once created these areas must be maintained clear of any obstruction and retained for their intended purpose at all times.
Reason:
To provide for appropriate on-site vehicle facilities in the interests of highway safety and the general amenity of the development.
Travel Plan Delivery
30. The development must be carried out and operated in accordance with the approved Travel Plan. Those parts of the Approved Travel Plan that are identified therein as being capable of implementation after occupation must be implemented in accordance with the timetable contained therein and must continue to be implemented as long as any part of the development is occupied.
Reason:
To establish measures to encourage more sustainable non-car modes of transport.
Construction Phase Management Plan- Small sites
31. No development must commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Construction of the permitted development must be undertaken in accordance with the approved plan.
The Plan must include, but not be limited, to arrangements for the following in respect of each phase of the works:
1. details of any temporary construction access to the site including measures for removal following completion of construction works;
2. restriction on the use of Commercial Street Norton access for construction purposes;
3. wheel washing facilities on site to ensure that mud and debris is not spread onto the adjacent public highway;
4. the parking of contractors’ site operatives and visitor’s vehicles;
5. areas for storage of plant and materials used in constructing the development clear of the highway;
6. details of site working hours;
7. details of the measures to be taken for the protection of trees; and
8. contact details for the responsible person (site manager/office) who can be contacted in the event of any issue.
Reason:
In the interest of public safety and amenity.
Informatives
Development Construction Phase and Asset Protection (Network Rail)
Due to the proximity of the proposed development to the operational railway boundary, it will be imperative that the developer liaise with our Asset Protection Team (contact details below) prior to any work taking place on site to ensure that the development can be undertaken safely and without impact to operational railway safety. Details to be discussed and agreed may include construction methodology, earthworks and excavations, use of crane, plant and machinery, drainage and boundary treatments. It may be necessary for the developer to enter into a Basic Asset Protection Agreement (BAPA) with Network Rail to ensure the safety of the operational railway during these works. We would also like to advise that where any damage, injury or delay to the rail network is caused by construction works or future maintenance (related to the application site), the applicant or developer will incur full liability. This could also include police investigation as it is a criminal offence to endanger the railway or obstruct the passage of rail traffic. It should also be noted that any damage that requires a line closure or repairs can result in costs which could exceed hundreds of thousands of pounds.
Contact details for Asset Protection are supplied online and we would draw the developers’ attention to the attached guidance on Network Rail requirements which have been sent to the agent.
Highways
The proposals should cater for all types of vehicles that will use the site. The parking standards are set out in North Yorkshire Council’s ‘Interim guidance on transport issues, including parking standards’ and subsequent amendments available at https://www.northyorks.gov.uk/sites/default/files/2023-05/Interim%20guidance%20on%20transport%20issues%20including%20parking%20standards%20-%20accessible.pdf
Travel Plan Delivery
Details of issues to be covered in a Travel Plan can be found in Interim Guidance on Transport Issues, including Parking Standards at:
Interim guidance on transport issues including parking standards (northyorks.gov.uk)
Other Permissions required from the Local Highway Authority.
Applicants are reminded that in addition to securing planning permission other permissions may be required from North Yorkshire County Council as Local Highway Authority. These additional permissions can include, but are not limited to: Agreements under Sections 278, 38, and 184 of the Highways Act 1980; Section 38 of the Commons Act 2006, permissions through New Roads and Streetworks Act 1991 and Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (as amended and including all instruments, orders, plans, regulations and directions). Further information on these matters can be obtained from the Local Highway Authority. Other permissions may also be required from third parties. It is the applicant’s responsibility to ensure all necessary permissions are in place
Case Officer: Gareth Stent
Appendix A:proposed layout plan