Agenda item

Report of the Assistant Director Planning – Community Development Services

Considered :-

The Assistant Director Planning – Community Development Services sought determination of a planning application for outline planning permission with some matters reserved (to consider access) for proposed construction of Class E foodstore and Class E/Sui Generis Cafe/Drive-Thru together with access, car parking, servicing, landscaping and associated works. at Land South West of Cowling Garth 91, Bedale Road, Aiskew for Mr Keith Nutter.

Christ Utley spoke objecting to the application.

Michael Chaloner M.SC spoke on behalf of Aiskew & Leeming Bar Parish Council objecting to the application.

The applicant, Keith Nutter, spoke in support of the application.

During consideration of the above application, the Committee discussed the following issues:-

·           The visibility splay from the access and what mitigation measures are being put in place to increase the visibility.

·           The carbon saving proposals for the site, including the number of electrical vehicle charging points being provided.

·           The ongoing maintenance of the proposed acoustic fencing.

The Decision :-

(a)    That the Planning Committee is MINDED TO APPROVE outline planning permission, with the conditions, as amended, set out in paragraph 12 of the report, the additional conditions set out below and any conditions subsequently recommended by the Lead Local Flood Authority, Network Rail/and or the Wensleydale Railway with delegated authority given to the Assistant Director of Planning Services to issue conditional outline planning permission, subject to:

(i)    Receiving written representations from the Lead Local Flood Authority (LLFA), Network Rail and the Wensleydale Railway confirming that they have no objections to the proposals (as amended) and,

(ii)   Receiving written confirmation from Environmental Health that they are satisfied with the clarification provided by the agent in support of the assumptions and conclusions made within the submitted air quality documentation.

(iii)  The provision of a Section 106 Agreement to secure:

·      a financial contribution of £35,000 for the Local Highway Authority to provide a pedestrian ‘zebra’ crossing over Bedale Road

·      a financial contribution of £5,000 to be used by the Local Highway Authority for the monitoring of the Travel Plan.

·      secure arrangements for the management and monitoring of BNG, including securing a financial contribution to be used by the Council to review and monitor BNG over a 30-year period. The financial contribution shall be calculated using the North Yorkshire Council BNG Monitoring Calculator (Rev. 1.1) or any later revision.

(b)    That the reserved matters application be considered by the Richmond (Yorks) Area Constituency Committee.

Voting Record

A vote was taken and the motion was declared carried unanimously.

Amended Conditions

Condition 4 – The opening hours of both the foodstore and café/coffee shop drive thru unit shall be restricted to:

Mon – Sat: 07:00 to 22:00

Sun: any 6 hours period between 09:00 to 18:00

Reason: In order to protect the amenities of local residents, in accordance with Policy E2 of the Local Plan.

Condition 6 – The following schemes of off-site highway mitigation measures must be completed as indicated below:

·         Constructing a new access for the development at Bedale Road prior to the first operation of development including installation of a bus stop.

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.

An independent Stage 2 Road Safety Audit carried out in accordance with GG119 – Road Safety Audits or any superseding regulations must be included in the submission and the design proposals must be amended in accordance with the recommendations of the submitted Safety Audit prior to the commencement of works on site. 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.

Condition 17 – The details to be submitted in accordance with condition no. 2 above (i.e. design/appearance, landscaping, layout and scale) shall demonstrate how practical and viable measures to provide carbon savings and make prudent and efficient use of natural resources will be implemented.

Reason: To secure a more sustainable form of development and to meet the expectations of Policy S1 of Local Plan.

Additional Conditions

Condition 25 – No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority.

Reason: To ensure that the site is properly drained and in order to prevent overloading, surface water is not discharged to the public sewer network.

Condition 26 – No development shall take place until details of the proposed means of disposal of foul water drainage for the whole site, including details of any balancing works, off-site works and phasing of the necessary infrastructure, have been submitted to and approved by the Local Planning Authority. The details shall also include the details and locations of fat and grease trap(s) to be installed within the design of the foul drainage system prior to the discharge of any foul water to the public sewer network. Furthermore, unless otherwise approved in writing by the Local Planning Authority, no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

Reason: To ensure that no foul water discharges take place until proper provision has been made for their disposal.

Condition 27 – The site shall be developed with separate systems of drainage for foul and surface water on and off site. The separate systems should extend to the points of discharge to be agreed.

Reason: In the interest of satisfactory and sustainable drainage, in accordance with policy RM3 of the Local Plan.

Condition 28 – Prior to the first operation of the development and based on the relevant recommendations within the submitted Noise Impact Assessment (dated March 2023), the details and specifications of the acoustic fencing, including height(s) and location(s), shall be submitted to and agreed in writing by the Local Planning Authority. The acoustic fencing shall be fully installed in accordance with the approved details and specifications prior to the first operation of the development. Once completed, the acoustic fencing shall be retained and maintained in situ and as otherwise approved for the lifetime of the development.

Reason: To ensure that a high level of amenity is maintained for the occupants of adjacent and nearby residential properties in accordance with Policy E2 of the Local Plan.