Agenda item

Decision:

 

To grant the application subject to conditions

 

Noting comments made during the public speaking session by:

 

Against	Michael Birch
Applicant’s Agent	Phil Scrafton

 

Together with:

 

·         Support from Invest SK

·         No objection and comments, plus a request for conditions from Lincolnshire County Council Highways and SUDS Support

·         No objection from Natural England

·         No comments from SKDC’s Environmental Protection Services

·         No objections and comments from the SKDC Arboricultural Consultant

·         Comments from the Environment Agency

·         No objection from Anglian Water Services subject to conditions

·         Comments from SKDC’s Street Scene team

·         No comments returned from Lincolnshire Fire and Rescue

·         No objections and request for a condition from the Upper Witham Internal Drainage Board

·         3 representations received as a result of public consultation

·         Provisions within the National Planning Policy Framework and the South Kesteven Core Strategy and supplementary planning documents

·         Site visit observations

·         Comments made by members at the meeting

 

17:33 – Councillor Stevens left the meeting and did not return

 

It was proposed, seconded and agreed that the application be approved for the summary of reasons set out in the case officer’s report and subject also to the following conditions:

 

Time Limit for Commencement

 

1     The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

 

Approved Plans

 

2     The development hereby permitted shall be carried out in accordance with the following list of approved plans and reports:

           

            Plans and drawings:

 

            1          JH1277 - 101N - Proposed Site layout

            2          JH1277 - 102E - Proposed Landscaping plan

            3          JH1277 - 103F - Site Roofplan

            4          JH1277 - 105 - Proposed site sections

            5          JH1277 - 200A - Drive through coffee shop proposal

            6          JH1277 - 201A - Drive through coffee shop proposal

            7          JH1277 - 300D - Building merchant proposal

            8          JH1277 - 301D - Building merchant proposal

            9          JH1277 - 400 - Food Unit 1 proposal

            10        JH1277 - 401 - Food Unit 1 proposal

            11        JH1277 - 402A - Office Unit 2 proposal

            12        JH1277 - 403A - Office Unit 2 proposal

            13        JH1277 - 404 - Food Unit 3 proposal

            14        JH1277 - 405 - Food Unit 3 proposal

            15        JH1277 - 500 - Petrol filling station & shop proposal

            16        JH1277 - 501 - Petrol filling station & shop proposal

            17        JH1277 - 502 - Petrol filling station & shop proposal

            18        JH1277 - 503 - Substation proposal

            19        JH1277 - 504A - Petrol filling station layout plan

            20        JH1277 - 505 - Elevations of fuel tank

            21        JH1277 - 600 - Dispatch building

            22        JH1277 - LP5 - Location plan

             

Reports:

 

Integrated Planning Statement, Ref. 2274, Final - February 2018 - Globe Consultants    Limited

Transport Assessment, Ref. TCL/875 - November 2017 - Turvey Consultancy Limited

Desk Based Report, Final Issue - 24 October 2017 - Intersoil Limited

Sequential Test Report, Ref. 2274, v1 - May 2018 - Globe Consultants Limited

Tree Protection and Landscape Mitigation, Ref. 1298/0417/03 v2 - 6 July 2018 - C.B.E.Consulting

BS5837:2012 Tree Survey, Ref. P1298/0417/02 v4 - 31 May 2018 - C.B.E. Consulting

Surface Water Drainage Solution, Ref. 4844-SW-01 - 3 October 2081 - Siddle Grimley Hage Limited

Flood Risk Assessment, Ref. TDi 309 Rev B - 9 January 2018 - TD Infrastructure Limited

Preliminary Risk Assessment (PRA) and Contaminated Land Report, Ref 17-1582.02 - Jul 2018 – Delta Simons

                       

Unless otherwise required by or varied by another condition of this permission.

 

During Building Works

 

3     With the exception of the Builders Merchants building which must be finished in accordance with the details and materials shown on the approved plans (JH1277 - 300C & JH1277 - 301C), no above ground construction of any building/structure/tank, shall take place until the materials proposed to be used for the external surfaces of the building/structure/tank to be erected/installed, along with any hard-surfacing within the plot of that building/structure/tank, have been submitted to and approved in writing by the Local Planning Authority. Thereafter the building must only be constructed in accordance with those details unless otherwise agreed in writing by the local planning authority.

 

4     In accordance with the details provided on drawing JH1277 - 505 (Elevations of fuel tank) there shall be no below ground storage of fuels or other liquids associated with the Petrol Filling Station at any time.

 

5     No building or installation of foul drainage infrastructure associated with the buildings, shall be constructed/installed, until a foul water strategy has been submitted to and approved in writing by the Local Planning Authority. No building shall be occupied until all relevant foul water works serving that building have been installed/completed in full.

 

6     Prior to the first use of any of the Food units (class A3) and/or Office unit (class B1) fronting Harlaxton Road, the landscaping must be undertaken and all planting completed in accordance with the agreed details as set out in the Tree Protection and Landscape Mitigation report (Ref. 1298/0417/03 v2 report) in particular the "Landscape Mitigation" section of the aforementioned report, and read in conjunction with the approved plans.

           

       Thereafter the planting must be maintained in accordance with the "Aftercare Management" measures specified in the aforementioned report.

           

7     Prior to the first use of the Petrol Filling Station, a detailed landscaping and boundary plan for the Petrol Filling Station site (in particular its frontages onto Harlaxton Road and Trent Road) must be submitted to the Local Planning Authority for agreement in writing. The details shall include details of the proposed boundary treatment(s) and positions, along with details of planting and any other screening. Thereafter the boundaries and landscaping of the Petrol Filling Station site must be undertaken and completed in accordance with the agreed details before the Petrol Filling Station is brought into use.

 

Before the Development is Occupied

 

8     Prior to the first use of either the petrol filling station, or any of the Food units (class A3) fronting Harlaxton Road, an overall refuse strategy for the site shall be submitted to the Local Planning Authority for agreement in writing.

           

            The strategy shall include:

            Details of the location and size of refuse receptacles and collection facilities

            Measures to be undertaken to provide for the collection of waste within the site as a whole

            Measures to be undertaken within the immediate vicinity (area to be defined in the strategy) to provide collection of waste which may be created as a result of the development and to prevent litter nuisance.

            Measures to be put in place to ensure that the operators of each of the independent units (such as the food units or petrol filling station) adhere to the requirements of the overall strategy.

            The agreed strategy (including any physical measures to be installed) must be implemented from the first use of either the petrol filling station, or any of the food units (whichever occurs first) and the site must thereafter be operated in accordance with the agreed measures.

 

9     Prior to first use of the Petrol Filling Station, and/or Drive-Through Coffee shop - Mixed-use (class A1 and A3), and/or any of the Food units (class A3), and/or Office unit (class B1) alongside Harlaxton Road, the highway improvement works, access routes and parking arrangements must be fully completed in accordance with the details shown on drawing number JH1277-101N and shall be fully completed as may be confirmed in writing by the Local Planning Authority. and parking arrangements shall be fully constructed and shall fully completed as may be confirmed in writing by the Local Planning Authority. The access and parking arrangements must thereafter be retained and available at all times when any of the buildings identified by this condition are open or available for use.

 

10   Prior to the first use of the Builders Merchants, the access and parking arrangements to serve it from Trent Road must have been fully completed in accordance with the details shown on drawing number JH1277-101N and shall be fully completed as may be confirmed in writing by the Local Planning Authority. The access and parking arrangements for the Builders Merchants must thereafter be retained and available at all times when the building identified by this condition is open or available for use.

 

Ongoing Conditions

 

11   Notwithstanding the provisions of Parts 3 and 4 in Schedule 2 of the Town & Country Planning (General Permitted Development Order) 2015 (as amended), the buildings as identified on the approved plans shall only be used for the following purposes unless express planning permission is granted by the Local Planning Authority for any other use:

                       

Food units - class A3 (Restaurant/Café) with ancillary A5 use

                        Drive-Through Coffee shop - Mixed-use (A1 and A3)

                        Builders Merchant - Sui Generis

                        Office unit - class B1 (Office)

                       Dispatch Building - class B8

                        Petrol filling station - Sui Generis with ancillary A1 use

                       

       The references above (eg class A3) are in relation to the relevant use classes as defined within the Town and Country Planning (Use Classes Order) 1987 as amended.