PAPER C1

REPORT TO DEVELOPMENT CONTROL COMMITTEE –

TUESDAY 24 JANUARY 2006

P/01429/05 – TCP/22290/F

Proposed retail (A1) store; vehicular access; alterations and landscaping, land at junction of High Street and Rectory Drive, Wootton Bridge, Ryde

Officer: Mr C Hougham Tel: (01983) 823552

This application is recommended for conditional permission subject to the applicants entering into legal agreement(s) with the Council in connection with off site and on site highway works.

REASON FOR COMMITTEE CONSIDERATION

This was an application which raised a number of contentious issues and was the subject of a detailed and comprehensive report considered by Members at the meeting held on 29 November 2005 (Report of the Head of Planning Services Item no. 4).

It was decided to defer consideration to allow officers the opportunity to undertake further discussions/negotiations in respect of the access arrangements to and from the site primarily focusing on the proposed egress (or exit) onto Rectory Drive.

SUMMARY

This report needs to be read in conjunction with the detailed and comprehensive report submitted to the meeting held on 29 November 2005 which includes details of application; location and site characteristics; relevant history; development plan policy and consultee and third party comments.

Members will recall that the officers recommendation was to grant conditional permission subject to the applicants entering into a Section 278 Agreement with the Council for various off site and on site highway/traffic improvements.

The report identified the following key issues.

· Principle of redeveloping the site for retail purposes

· Interpretation and application of relevant location/design/retail/highway policies

· Access/parking/servicing arrangements

· Overall size, scale, mass and appearance of the new building

· Associated ‘off site’ and ‘on site’ highway works to be carried out in conjunction with the proposed development

· Hard/soft landscaping.

Members expressed concern about the access, parking and servicing arrangements in connection with the proposed development, but did not raise an objection to the application in terms of the principle of redeveloping the site for retail purposes or the position, size and overall appearance of the proposed building. Consequently the main body of this report focuses on detailed discussions and negotiations which have taken place with the applicants and their agents since the meeting on 29 November 2005, subsequent correspondence which includes detailed information provided by the planning/highway consultants working on behalf of the applicants and further advice from the Area Highway Engineer.

Further Third Party Representations

Following the initial consideration of this application by Members solicitors acting on behalf of the freehold owners of the neighbouring premises where the applicants presently operate a retail outlet have written making it clear clients would strongly object to any attempt to ‘withdraw’ any permission or right to use their existing premises for retail purposes.

Members should note that the recommendation on the earlier report did not include a condition (or legal agreement) designed to control the future use of the applicants existing premises on the neighbouring site. Even if it were feasible to impose such a condition the view is that it would be unnecessary and unreasonable.

Meeting with Applicants/Agents on 7 December 2005

This meeting was attended by the former Interim Development Control Manager, the Case Officer and the Area Highway Engineer.

Applicants were disappointed with the decision not to grant permission bearing in mind the level of pre-submission negotiations, post-submission negotiations/amendments, community involvement and officers recommendation for conditional approval subject to a legal agreement. Nevertheless they indicated that they were prepared to work with professional officers in order to provide further information in an attempt to overcome the objections and concern about the application particularly in terms of the proposed exit onto Rectory Drive.

Applicants/agents put forward a reasoned and evidenced argument that the submitted scheme offered the best solution for three practical reasons:

· Present arrangement serving existing store is unsatisfactory as evidenced by delivery difficulties causing traffic congestion, lack of turning within the site and inadequate parking facilities.

· Any other arrangement using the High Street as the sole means of access and egress from the site was not a viable option as it was likely to present a traffic hazard and attract an objection from the Highway Engineer as well as creating extreme difficulties in terms of delivery vehicle being able to enter and leave the site in a forward gear.

· Possible use of Rectory Drive as an entrance point, as opposed to an egress point, would also attract a highway objection and the likelihood of an even stronger objection from local residents living in the vicinity who are opposed to the application.

On this pretext is was decided that since there was not a viable alternative the applicant would endeavour to respond positively to the concerns expressed by local residents and some Members beyond that already agreed prior to the matter being considered by the Committee. Points of discussion focussed on signage, the proposed puffin crossing, the potential for on street parking and the likelihood of Rectory Drive being used an a ‘rat run’ if appropriate weight is given to the time factor.

Applicants indicated they would provide written or illustrative material to evidence that the solution shown in the application is the only viable option. They gave an undertaking to also provide evidence and information to support their argument that the proposed arrangements were developed for highway safety reasons and drawing attention to their excellent safety record at more than 600 ‘Express’ stores throughout the country.

Detailed Response from Applicants’ Agent

Detailed response from the applicants’ agent takes the form of a letter with supporting illustrative information. It is understood that the agent has provided Members of this Committee with a copy. Members will note that the agent has chosen to focus on three specific issues in response to the concern expressed by the Committee.

· Rectory Drive egress

o Alternative solutions

o Use of Rectory Drive in conjunction with proposed puffin crossing

o Possibility of yellow box junction at Rectory Drive/High Street

o Use of Rectory Drive/Church Road and ‘rat run’

· Existing ‘Express’ store

o Length of lease

o Likely opening date for new store, if permission granted

o Future control of existing store

o Need for planning permission in respect of future redevelopment proposals on neighbouring site

· Store operations and deliveries

o Further revised draft Store Management Plan

All the above will be examined in more detail in the latter part of this report.

Latest Observations of Area Highway Engineer

Following the meeting and further discussions/negotiations the Highway Engineer has offered further advice that can be summarised in the following terms.

· Does not support ‘dummy’ phases on the new crossing to create gaps in traffic flows as, in his opinion, the frequent use of the crossing point will create sufficient breaks in traffic through its normal use to enable vehicular traffic to exit from Rectory Drive into High Street.

· In terms of a yellow box junction his view is that as the puffin crossing is an ‘intelligent’ crossing point this was unlikely to be an issue. However, in deference to the concern expressed by Members a contingency plan could be included within a Section 106 Agreement by securing a bond/cash deposit which could cover the cost of providing a yellow box junction at a later date.

· As a chronology of the above the Highway Engineer has indicated that he will require baseline traffic data and is seeking an undertaking for a number of twelve hour manual classified traffic counts at strategic points in Rectory Drive and Church Road prior to commencement of development on site.

EVALUATION

This report examines in detail the issue of primary concern which relates to access/egress, internal movement and method/arrangement for deliveries in combination with ‘off site’ highway improvements.

It is clear that the present arrangement in respect of the existing outlet are most unsatisfactory due to the shared access being used for both access and egress from the site, inadequate parking facilities, no loading/unloading provision etc. which have led to difficulties which create congestion and some instances (potential) traffic hazards. However, by the same token, while the proposed arrangements offer a very clear and significant improvement on the present situation, for the benefit of the wider community and other users, there is genuine concern about the proposed exit/egress onto Rectory Drive.

Members are reminded of highway/traffic improvements negotiations both prior and since the submission of the application prior to it being considered by Members at the meeting held on 29 November 2005.

· Upgrade of existing uncontrolled crossing to the east of the junction of Brannon Way/High Street to a traffic light controlled PUFFIN crossing including all associated signing, lining, lighting and accommodation works.

· Provision of anti-skid surfacing with a design, extent and method installation to be agreed.

· Necessary controls and dedicated link with existing pelican crossing to the east of the site, including ducting and accommodation works.

· Realignment of footway and construction of new access drive to Rectory Drive including retaining works, tactile crossings and associated accommodation works.

· Improvements to existing access onto A3054, with possible tactile crossing points and a bellmouth layout.

In addition to the above a commuted sum of £12,000 will be required to cover the sum of future maintenance of the new crossing point.

Meeting with the applicant/agent held after the matter was considered by this Committee and subsequent discussions and negotiations has resulted in the provision of evidence and further detailed justification for the layout/access arrangements in the submitted scheme with further controls and measures which are supported by the Area Highway Engineer. Members are asked to consider the following key points.

· The present arrangements in connection with the existing store are clearly unsatisfactory.

· The applicants’ agent has been able to demonstrate that the means of access/servicing the proposed store is the best solution having provided a detailed analysis of any alternative scenarios including using the High Street as a sole means of access/egress and/or attempting to provide a turning facility for delivery vehicles within the curtilage of the site.

· In addition to the obvious traffic/community benefits that will result from the installation of a new ‘intelligent’ pedestrian crossing at the applicants’ expense evidence has been provided that vehicular traffic will be able to leave Rectory Drive and enter Wootton High Street (A3054) which undermines the local view that Rectory Drive/Church Road could become a ‘rat run’ for vehicular traffic leaving the application site.

· Other survey work carried out by consultants acting on behalf of the applicants has highlighted the various time considerations in terms of using Rectory Drive/Church Road as opposed to the High Street indicating that the argument put forward about the potential ‘rat run’ is not sustainable.

· Provision can be made through a legal agreement for a cash deposit or a bond sufficient to finance a yellow box junction if subsequent survey work suggests that this would be desirable.

Members will note that the applicants’ agent has also responded to concern about the future use of the existing store and the operation and delivery controls which will feature in the Store Management Plan.

On the basis of the wealth of information provided by the applicants’ agents in response to the various expressions of concern about the proposed development, Members should now determine the application. To assist Members may I suggest that consideration is given to the following key points.

· There is no objection in principle to the development of this site for retail purposes

· Traffic/parking/servicing arrangements in respect of existing store on neighbouring site are most unsatisfactory

· Discussions and negotiations prior to the submission of the application, prior to consideration by this Committee at the meeting on 29 November and since that meeting have consistently concluded that the best solution in terms of access/parking/servicing in connection with the proposed development involves an egress into Rectory Drive.

· Further evidence provided in recent weeks following survey works done by applicants’ agents confirm the above arrangement as the best solution and also cast considerable doubt over the arguments put forward by those concerned about the proposed development.

· While those owners/occupiers of the four residential properties in Rectory Drive closest to the proposed egress point will suffer some modest reduction in the level of amenity that they currently enjoy because of increased vehicular traffic travelling in a southern direction from the exit point to the junction with Wootton High Street this does not amount to sustainable evidence that would support a decision to withhold planning permission.

· Members should give due regard to the various ‘on site’ and ‘ off site’ traffic improvements to be provided at the applicants’ expense in connection with the development of this site which has been further strengthened by recent negotiations and included in the submitted scheme, the legal agreement and the proposed conditions of approval.

Members are recommended to approve the application.

Conclusion and Justification for Recommendation

In terms of adding value to the application it is not considered that any further controls and/or associated community benefits can be delivered beyond what has now been agreed with the applicants’ agent. Inevitably, the owner/occupiers of properties on the western side of Rectory Drive, which is presently a relatively quiet residential street despite the close proximity to the junction with a busy classified road, will suffer a degree of disamenity but, on balance, the provision of a new purpose designed retail store with associated facilities including increased ‘on site’ parking, suitable delivery/loading facilities and various other highway improvements/community benefits outweigh this single factor. On this basis it is recommended that the application should be approved subject to the applicants entering into legal agreement(s) with the Council which has already been largely negotiated, in accordance with good practice, by the applicants’ solicitors and our own legal executive prior to this determination.

Recommendation

Conditional permission (subject to the applicants entering into a Section 106 and Section 278 Agreements with the Council for various ‘off site’ and ‘on site’ highway/traffic improvements not covered by the comprehensive following condition schedule).

Conditions

1	The development hereby permitted shall be begun before the expiration of 5 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	The operation of the site including the number and arrangements for deliveries shall be the subject of a Store Management Plan with final details to be submitted to and agreed in writing by the Local Planning Authority before any work commences on site. Reason: In the interest of the amenities of the area and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
	No part of the development hereby permitted shall commence until there has been submitted to and approved in writing by the Local Planning Authority: a) A desk-top study documenting all previous and existing land uses of the site and adjacent land in accordance with national guidance as set out in Contaminated Land Research Report Nos. 2 & 3 and BS10175: 2001; and, unless otherwise agreed in writing by the Local Planning Authority, b) a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as appropriate by the desk-top study in accordance with BS10175: 2001 – “Investigation of Potentially Contaminated Sites – Code of Practice”; and, unless otherwise agreed in writing by the Local Planning Authority, c) a remediation scheme to deal with any contaminant including an implementation timetable, monitoring proposals and a remediation verification methodology. The verification methodology shall include a sampling and analysis programme to confirm the adequacy of decontamination and an appropriately qualified person shall oversee the implementation of all remediation. The construction of buildings shall not commence until the investigator has provided a report, which shall include confirmation that all remediation measures have been carried out fully in accordance with the scheme. The report shall also include results of the verification programme of post-remediation sampling and monitoring in order to demonstrate that the required remediation has been fully met. Future monitoring proposals and reporting shall also be detailed in the report. Reason: To protect the environment and prevent harm to human health by ensuring that where necessary, the land is remediated to an appropriate standard in order to comply with Part IIA of the Environmental Protection Act 1990.
4	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order), no access gate shall be erected without the prior written approval of the Local Planning Authority. Reason: In the interest of highway safety and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
5	Development shall not begin until details of the design, surfacing and construction of any new roads, footways, accesses and car parking areas, together with details of the means of disposal of surface water drainage therefrom 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 an adequate standard of highway access and drainage for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
6	Development shall not begin until details of the sight lines to be provided at the junction between the access of the proposal and the highway have been submitted to and approved in writing by the Local Planning Authority and the development shall not be occupied until those sight lines have been provided in accordance with the approved details. Nothing that may cause an obstruction to visibility shall at any time be placed or be permitted to remain within the visibility splay shown in the approved sight lines. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
7	The building shall not be occupied until the means of vehicular access thereto has been constructed in accordance with the approved plans. Reason: To ensure adequate access to the proposed development and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
8	The building shall not be occupied until the means of access thereto for pedestrians and cyclists has been constructed in accordance with the approved plans. Reason: To ensure adequate safe provision of facilities for pedestrians and cyclists wishing to gain access to the site and to comply with policy TR6 (Cycling and Walking) of the Isle of Wight Unitary Development Plan.
9	Development shall not begin until details of the junction between the proposed service road and the highway have been approved in writing by the Local Planning Authority; and the building shall not be occupied until that junction has been constructed in accordance with the approved details. Reason: To ensure adequate access to the proposed development and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
10	The vehicular access shown from the High Street on the approved plan shall only be used as a means of ingress to the site and the vehicular access to Rectory Drive on the approved plan shall only be used as a means of egress from the site. [No building shall be occupied/The use shall not commence] until a traffic management plan showing details of the measures to be applied to ensure that drivers use the appropriate means of access and egress has been submitted to and approved in writing by the Local Planning Authority and has been put into effect in accordance with the approved details. The measures shall be retained in place at all times. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
11	The use hereby permitted shall not commence until space has been laid out within the site in accordance with drawing number SP.13 for 22 cars/10 bicycles to be parked and for delivery vehicles to be loaded and unloaded and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
12	All traffic shall be directed to leave the site by turning left into Rectory Drive by means of a prominent sign, the details of which shall be submitted to and approved in writing by the Local Planning Authority, erected at the junction between the site access road and the highway before the access road is first used. The sign shall be retained in a clean and legible condition for the duration of the development and any sign that is damaged beyond repair or removed shall immediately be replaced. Reason: In the interests of highway safety and to comply with policies TR7 (Highway Considerations) and M2 (Defined Mineral Working) of the Isle of Wight Unitary Development Plan.
13	Steps, including the installation and use of wheel cleaning facilities in accordance with details to be submitted to and approved in writing by the Local Planning Authority, shall be taken to prevent material being deposited on the highway as a result of any operation on the site. Any deposit of material from the site on the highway shall be removed as soon as practicable by the site operator. Reason: In the interests of highway safety and to prevent mud and dust from getting on the highway and to comply with policies TR7 (Highway Considerations) and M2 (Defined Mineral Working) of the Isle of Wight Unitary Development Plan.
14	The shop hereby approved shall only be used for the sale of convenience goods and for no other purpose, including any other purpose in Class A1 of the Schedule of the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification. Reason: The land is situated within an area where general retail uses are not normally permitted and to comply with policy R2 (New Retail Development) of the Isle of Wight Unitary Development Plan.
15	The proposed store, hereby permitted, shall not be open to customers outside the hours of 0600 to 2230 daily. Reason: To protect the amenities of nearby residential properties and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary development Plan.
16	Before the use commences, a scheme showing details of the facilities to be provided for the deposit of refuse by customers shall be submitted to and approved in writing by the Local Planning Authority. All works forming part of the approved scheme shall be completed in accordance with the approved details before the use commences and shall thereafter be retained. Reason: In the interests of the amenities of the area and the occupiers of nearby properties and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
17	No loading equipment, stock, delivered stock or stock awaiting collection, finished or unfinished packaging crates or boxes shall be stacked or stored on the site at any time except within the building or the dedicated service yard identified for that purpose on the approved plans. Reason: In the interest of visual appearance of the site and the visual amenity of the surrounding area and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
18	No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include [proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting, etc); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines, etc, indicating lines, manholes, supports, etc); retained historic landscape features and proposals for restoration, where relevant]. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
19	The building shall not be brought into use until details of any floodlighting to be installed 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: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
20	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
21	No development shall take place until details of the materials and finishes to be used in the construction of the external surfaces 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: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

ANDREW ASHCROFT

Head of Planning Services