Decision details

Planning Application No. SL/2019/0758 - Age Concern UK, Lindale Road, Grange over Sands

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Demolition of existing buildings and erection of convenience store, petrol filling station including underground fuel storage tanks, works to the existing culvert and associated access, car parking and landscaping (James Hall & Company)

 

Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.

 

The Planning Officer presented Planning Application No. SL/2019/0758 which sought permission for the demolition of existing buildings and the erection of a convenience store, a petrol station and canopy with six pumps, underground fuel tanks and 19 car parking spaces. He displayed plans and photographs which outlined the proposals and he drew Members’ attention to the partially culverted watercourse which ran along the northern and eastern boundary of the site and to the structures which were to be demolished and which included the existing Age Concern building. The Planning Officer informed Members that the site was within the Development Boundary for the town and was also within the Town Centre Boundary as identified in the Land Allocations Development Plan Document (LADPD). He went on to outline the planning history which included an application for the erection of a large convenience store on the junction.

 

The Planning Officer further outlined the proposals and displayed the detailed site layout for the convenience store; the petrol station and car park; the dedicated vehicular entrance and exit; and the delivery area. He displayed further slides which outlined the elevation of the proposals and informed Members that there would be a number of solar panels installed on the flat roof and the petrol station canopy would be finished with natural slate. The Planning Officer stated that the canopy would be prominent and incongruous. However, the applicant’s Heritage Assessment had concluded an overall neutral impact on the significance of heritage assets, due to the mix of buildings of different quality in the area. 

 

The Planning Officer stated that the flood risk was the most significant issue for consideration and informed Members that the site was located within Flood Zone 3, which was the highest risk for sea or river flooding. He displayed two photographs, which had been provided by neighbours, and which showed evidence of a significant flooding event in 2015. The Planning Officer went on to state that the proposed development would not make the risk of flooding any worse and went on to provide further details of the watercourse and the existing subterranean floodwater storage tank under the parking area at the northern end of the site, into which surface water from the car park above also currently drained. He explained that the proposal included a modification to the existing subterranean floodwater storage tank, which would provide it with a capacity of 372cu.m, and the addition of an attenuation tank under the retail unit which would provide capacity for surface water, which would then drain through a hydrobrake to the adjoining watercourse. Furthermore the installation by the applicant, on the recommendation of the Local Lead Flood Authority, of a replacement culvert, with a wider diameter, along the eastern boundary of the site, would contribute to and improve the wider drainage problems in the area.

 

The Planning Officer went on to display further photographs which demonstrated the established character of the area, and in particular the relationship with existing properties in Riggs Close to the east. He explained that the applicants had employed Noise Consultants to carry out a Noise Impact Assessment and the installation of a 2m high acoustic barrier was proposed as part of the application. He informed Members that the application had a detailed external lighting scheme which showed very little light spillage.

In regard to access, the Planning Officer explained that the Highway Authority had acknowledged that, due to the compact nature of the forecourt, there could be times when there could be traffic congestion but it was considered that this scenario was likely to occur relatively infrequently and the Highway Authority did not consider this to be a serious traffic concern.

 

The Planning Officer concluded his presentation by drawing Members’ attention to the recommendation which included a planning obligation to secure a £20,000 contribution towards the construction of a new footbridge which would connect the application site to the adjoining South Lakeland District Council (SLDC) car park on Windermere Road.

 

Note – at this point in the proceedings the Chairman requested that the public participants, speaking in support of the application, be dialled into the meeting.

Andrew Baxter, on behalf of Windermere Road Flood Action Group, addressed the Planning Committee and highlighted a number of concerns in relation to the flood risk assessment of the proposed application.

 

Deborah Smith, the Applicant’s Agent, addressed the Planning Committee in support of the application.

 

The Planning Officer and Shamus Giles, representing Cumbria County Council, Local Lead Flood Authority, responded to concerns raised during public participation.

 

The Planning Officer and Shamus Giles responded to questions raised by Members.

 

Members gave consideration to the application and acknowledged the need for a petrol station in the location. The installation of the Electric Vehicle charging points was welcomed and it was considered that as petrol needs declined there would be a need for the installation of more Electric Vehicle charging points.

 

A motion to approve the application was proposed and seconded and a vote was taken on the motion, during which all Planning Committee Members confirmed that they had, without interruption heard the full presentation and discussion on the item and it was

RESOLVED – That the application be approved subject to:

a)         adoption of the Shadow Habitat Regulations Assessment, ERAP (Consultant Ecologists) Ltd., Report Ref. 2020-133, August 2020;

b)         (i) a planning obligation to secure a £20K contribution towards the construction of a new footbridge connection to the adjoining SLDC car park and (ii) a planning obligation and/or Grampian conditions to secure the necessary rights of access across the application site to allow the bridge to be constructed; and a right of access in perpetuity across the application site connecting the footbridge to Windermere Road; and

c)         the following conditions:

1.         The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof.

To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Approved plans

2.                     The development hereby permitted shall be carried out in accordance with the following approved plans:

Plan Title                                                                                Date Received

Location Plan, Ex01 Revision A                                             12 September 2019

 

Site Plan – Existing, Ex02, Revision A                                   12 September 2019

 

Existing Site Layout, TRI-2739-01                                          12 September 2019

 

Existing Site Rear Car Park Construction Layout &

Sections, 219/023/001, Revision P2                                      06 April 2020

 

Site Demolition & Temporary Works For Ground

Improvement Works, 219/023/002, Revision P2                   06 April 2020

 

Proposed New Below Ground Water Storage Volumes,

219/023/003, Revision P5                                                      06 April 2020

 

Formation Base Slab & Foundations, 219/023/004,

Revision P3                                                                             06 April 2020

 

Cast In-Situ Wall Setting Out Layout, 219/023/005,

Revision P2                                                                             06 April 2020

 

Ground Floor Plan Showing Intermediate Slab Structure

Above, 219/023/006, Revision P4                                          06 April 2020

 

Retail Space Ground Floor Slab Layout, 219/023/007,

Revision P3                                                                             06 April 2020

 

Sub-Structure Details (Sheet 1), 219/023/008,

Revision P1                                                                             06 April 2020

 

Sub-Structure Details (Sheet 2), 219/023/009,

Revision P2 (Contained within Flood Risk Assessment,

EPG, Report Ref. EPG-9120-FRA-01, V1.8, 24.11.20)

           

Sub-Structure Details (Sheet 3), 219/023/010,

Revision P2                                                                             06 April 2020

 

Existing Foul & Surface Water Drainage Layout,

219/023/101, Revision P4                                                      06 April 2020

 

Outline Surface Water Drainage Layout, 219/023/102,

Revision P6                                                                             06 April 2020

 

Fuel Tank Installation Layout & Details, 219/023/106,

Revision P2                                                                             06 April 2020

 

Fuel Forecourt Separator Layout & Details, 219/023/107,

Revision P2                                                                             06 April 2020

 

Ex. Site Layout Indicating Ground Water Levels

Based on Historic Information, 219/023/108, Revision P2    06 April 2020

 

Exceedance Drawing For Storms Above

The 1 In 100 Year + 40% C/C Event, 219/023/113,

Revision P3                                                                             06 April 2020

 

Existing Culverted Watercourse Defects, 219/023/114,

Revision P2                                                                             21 July 2020

 

Proposed Dim Plan, BR-001                                                  06 April 2020

 

Proposed Elevations, BR-002, Revision B                            20 November 2020

 

Proposed Fitout Plan, BR-003                                                06 April 2020

 

Section A-A, BR-004                                                              06 April 2020

 

Section B-B, BR-005                                                              06 April 2020

 

Section C-C & D-D, BR-006                                                   06 April 2020

 

Mezzanine Floor Details, BR-007                                          06 April 2020

 

Proposed Roof Plan, BR-008, Revision A                             06 April 2020

 

Proposed Site Plan, BR-100, Revision L                               10 November 2020

 

Tracking Plan, BR-101, Revision G                                       10 November 2020

 

Proposed Levels, BE-102, Revision B                                   12 September 2019

 

Proposed Canopy Elevations, BR-103, Revision B               06 April 2020

 

Underground Services Plan, BR-104, Revision B                 06 April 2020

 

Hazard Zone Plan, BR-105, Revision B                                 06 April 2020

 

Setting Out Plan, BR-106, Revision B                                   06 April 2020

 

External Works Details, BR-107, Revision A                         06 April 2020

 

Proposed Boundary treatment, BR-108                                 06 April 2020

 

Site Section, BR-109, Revision B                                          20 November 2020

           

External Lighting Lux Plot, P1                                                01 October 2019

 

REASON:        For the avoidance of doubt and in the interests of proper planning.

 

Materials

 

3.                     The finish of external walls and roofs of the buildings/structures hereby approved shall be completed in accordance with: (1) the details shown on the Proposed Elevations drawing BR-002 Revision B and Proposed Canopy Elevations drawing BR-103 Revision B; and (2) specifications for the use of natural stone and natural slate that shall first have been submitted to, and approved in writing by, the local planning authority. The specification for the natural stone shall include the source of the material and details of coursing and the depth and colour of mortar joints. The specification for the natural slate shall include the source of the material (it must be a local pale green/grey Westmorland roofing slate) and details confirming that the slate will be laid traditionally in diminishing courses.

 

REASON:        To ensure compliance with: (1) policies CS8.6 (Historic Environment) and CS8.10 (Design) of the South Lakeland Core Strategy; and (2) policies DM1 (General Requirements for all development), DM2 (Achieving Sustainable High Quality Design) and DM3 (Historic Environment) of the South Lakeland Development Management Policies Development Plan Document.

 

4.                     No work on the glazed canopies to the south elevation of the approved convenience store shall commence until working drawings, including full details of the “cast posts, Grange-over-Sands traditional style” have been submitted to, and approved in writing by, the local planning authority. Thereafter, the development shall be completed in accordance with the approved working drawings.

 

REASON:        To ensure compliance with: (1) policies CS8.6 (Historic Environment) and CS8.10 (Design) of the South Lakeland Core Strategy; and (2) policies DM1 (General Requirements for all development), DM2 (Achieving Sustainable High Quality Design) and DM3 (Historic Environment) of the South Lakeland Development Management Policies Development Plan Document.

 

5.                     The convenience store hereby approved shall not be first opened for trade until the external bin store and plant area shown on Proposed Site Plan, BR-100, Revision L have been completed, made available for use and screened in accordance with the fencing details shown on drawings BR-002  Revision B (Proposed Elevations) and BR-107 Revision A (External Works Details).

 

REASON:        To ensure compliance with: (1) policies CS8.6 (Historic Environment) and CS8.10 (Design) of the South Lakeland Core Strategy; and (2) policies DM1 (General Requirements for all development), DM2 (Achieving Sustainable High Quality Design) and DM3 (Historic Environment) of the South Lakeland Development Management Policies Development Plan Document.

Parking and access

 

6.                     No development shall commence until a Construction Traffic Management Plan (CTMP) has been submitted to and approved in writing by the local planning authority. The CTMP shall include details of:

           proposed crossings of the highway verge;

           retained areas for vehicle parking, manoeuvring, loading and unloading for their specific purpose during the development;

           cleaning of site entrances and the adjacent public highway;

           proposed wheel washing facilities;

           the sheeting of all HGVs taking spoil to/from the site to prevent spillage or deposit of any materials on the highway;

           construction vehicle routing;

           the management of junctions to and crossings of the public highway and other public rights of way/footway;

           any proposed temporary access points (vehicular / pedestrian) if applicable.

Thereafter, construction shall proceed in accordance with the CTMP.

REASON:        In the interests of ensuring highway safety and to safeguard the amenity of the existing area in accordance with: (1) policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy; and (2) policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

 

7.                     The convenience store hereby approved shall not be first opened for trade until the pedestrian and vehicular entrance and exit points shown on Proposed Site Plan, BR-100, Revision L have been constructed and made available for use in accordance with a scheme that shall first have been submitted to, and approved in writing by, the local planning authority. Any structures within the visibility splays shown on Proposed Site Plan, BR-100, Revision L, either existing or proposed as part of the development or proposed at any time during the lifetime of the development, shall be maintained at a height not exceeding 1.05m above the carriageway level of the adjacent highway.

 

REASON:        To maintain highway safety in accordance with policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy.

 

8.                     The convenience store hereby approved shall not be first opened for trade until the off-site footway improvements shown on Proposed Site Plan, BR-100, Revision L have been constructed and made available for use in accordance with a scheme that shall first have been submitted to, and approved in writing by, the local planning authority.

 

REASON:        To maintain highway safety in accordance with policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy.

 

9.                     The convenience store hereby approved shall not be first opened for trade until the car and cycle parking provision shown on Proposed Site Plan, BR-100, Revision L, including the provision of two electric charging points, have been constructed and made available for use. Thereafter, the car and cycle parking shall be maintained for the lifetime of the development.

 

REASON:        To ensure the timely and adequate provision of parking in accordance with policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy and policy DM9 (Parking Provision, new and loss of car parks) of the South Lakeland Development Management Policies Development Plan Document.

 

10.                   The convenience store hereby approved shall not be first opened for trade until the internal footways shown to be finished with Marshall Conservation X Block paving on Proposed Site Plan, BR-100, Revision L have been completed and made available for use.

 

REASON:        To maintain highway safety in accordance with policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy.

 

Surface water

 

11.                   No development shall commence until full details of a surface water drainage scheme have been submitted to, and approved in writing by, the local planning authority. The scheme shall be based upon the principles established in: (1) the Flood Risk Assessment prepared by EPG (Report Ref. EPG-9120-FRA-01, V1.8, dated 24.11.20); (2) the Culvert Replacement Design Report prepared by R G Parkins & Partners Ltd. (Report Ref.  K37263/01/DDR Revision A, dated 22.09.20); and (3) the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015), or any subsequent replacement national standards. The scheme must also include a maintenance schedule identifying the responsible parties. The convenience store hereby approved shall not be first opened for trade until the approved surface water drainage scheme has been fully implemented. Thereafter, the surface water drainage scheme shall be maintained in accordance with the approved maintenance schedule for the lifetime of the development.

 

REASON:        To reduce the risk of flooding and to promote the use of a sustainable surface water drainage scheme in accordance with policy CS8.8 (Development and Flood Risk) of the South Lakeland Core Strategy and policy DM6 (Flood Risk Management and Sustainable Drainage Systems) of the South Lakeland Development Management Policies Development Plan Document.

 

Biodiversity

 

12.       The convenience store hereby approved shall not be first opened for trade until bird and bat boxes have been installed in accordance with a scheme that shall first have been submitted to, and approved in writing by, the local planning authority. The scheme shall include manufacturers’ details of each bird and bat box together with a plan identifying their proposed locations and evidence that those locations have been selected by a qualified ecologist. Thereafter, the approved bird and bat boxes shall be retained for the lifetime of the development, replaced on a like-for-like basis as necessary.

 

REASON:        To meet the requirements of: (1) policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the of the South Lakeland Development Management Policies Development Plan Document; (2) paragraph 170 of the National Planning Policy Framework.; and (3) section 40 of the Natural Environment and Rural Communities Act 2006.

 

13.                   No development shall commence until a soft landscaping scheme has been submitted to, and approved in writing by, the local planning authority. The scheme shall include details of: (i) planting plans; (ii) existing vegetation to be retained; (iii) written specifications and schedules of proposed plants noting species, planting sizes and proposed numbers/densities; (iv) an implementation timetable; and (v) a schedule of landscape maintenance proposals for a period of not less than five years from the date of completion of the scheme. Thereafter, the approved landscaping scheme shall be implemented and maintained in accordance with the agreed details and timetables.

 

REASON:        To safeguard and enhance the character of the area in accordance with policy LA1.3 of the South Lakeland Land Allocations Development Plan Document and policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the South Lakeland Development Management Policies Development Plan Document.

 

Trees

 

14.                   No development shall commence until the tree protection measures specified in the Arboricultural Method Statement (AMS) contained within the Arboricultural Survey Report prepared by Smeeden Foreman (Report Ref: 2968, dated August 2019) have been fully installed. Thereafter, the tree protection measures shall be retained for the duration of all construction work and that work shall proceed in accordance with the other requirements of the AMS.

 

REASON:        To protect existing trees in accordance with policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the South Lakeland Development Management Policies Development Plan Document.

 

Construction management

 

15.                   Development shall proceed in accordance with the submitted Construction and Demolition Method Statement (CEMP) dated 24 September 2019, or such other modified version of this document as shall first have been submitted to, and approved in writing by, the local planning authority. 

 

REASON:        In the interests of ensuring highway safety and to safeguard the amenity and ecological interest of the existing area in accordance with: (1) policies CS8.4 (Biodiversity and geodiversity) and CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy; and (2) policies DM4 (Green and Blue Infrastructure and Open Space) and DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

 

Living conditions

 

16.                   The convenience store shall not be open for trading outside the hours of 0600 – 2300 on any day. The petrol filling station is not subject to this restriction.

 

REASON:        In the interests of safeguarding the amenity of the area in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

 

17.                   All external lights other than those marked “B” on the External Lighting Lux Plot drawing submitted with this application shall be turned off outside the hours of 0530 – 2330 on any day. No external lights other than those shown on Lighting Lux Plot drawing shall be installed within the application site without the prior written approval of the local planning authority.

 

REASON:                    In the interests of safeguarding the amenity of the area in accordance with policies DM2 (Achieving Sustainable High Quality Design) and DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

 

18.                   Deliveries of goods and fuel shall not shall take place outside the hours of 0700 to 2100 on any day.

 

REASON:        In the interests of safeguarding the amenity of the area in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

 

19.                   The convenience store hereby approved shall not be first opened for trade until a 2m high, imperforate acoustic barrier (with a minimum surface mass of 10kg/m2) has been erected in the position shown in Figure 10 of the Noise Impact Assessment (Report Ref. J002622/3967/RDC/6P) undertaken by PDA Acoustics, dated 23 September 2020 and in accordance with a specification that shall first have been submitted to, and approved in writing by, the local planning authority. Thereafter, the acoustic barrier shall be maintained for the lifetime of the development.

 

REASON:        In the interests of safeguarding the amenity of the area in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

 

20.                   All external plant and mechanical equipment (air conditioning units, chillers etc.) shall be installed in accordance with a specification that shall first have been submitted to, and approved in writing by, the local planning authority. The specification must demonstrate that the installed plant and mechanical equipment will operate within the noise limits assumed within the Noise Impact Assessment (Report Ref. J002622/3967/RDC/6P) undertaken by PDA Acoustics, dated 23 September 2020. Thereafter, all external plant and mechanical equipment shall be maintained, or replaced as necessary, in accordance with the agreed specification.

 

REASON:        In the interests of safeguarding the amenity of the area in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

 

Land contamination

 

21.                   The development hereby approved shall proceed in accordance with the recommendations of: (1) the Remediation Statement Report prepared by Geo2, (Report ref no. 20/0916.2.2, dated March 2020); (2) the Ground Gas Monitoring Assessment prepared by Geo2, (Report ref no. 20/0916.3.2, March 2020); and (3) the Phase 1 and 2 Environmental Assessment prepared by Geo2, (Report ref no. 19/0916.1.1, August 2019). Any unsuspected contamination found as a consequence of the Watching Brief recommended by the Remediation Statement Report shall be reported to the local planning authority within 5 working days, along with details of any further mitigation as necessary.

 

REASON:        In the interests of safeguarding the amenity of the area in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

 

22.                   Demolition of the buildings on the site shall proceed in accordance with the recommendations a demolition asbestos survey that shall first have been submitted to, and approved in writing by, the local planning authority. 

 

REASON:        In the interests of safeguarding the amenity of the area in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

 

23.                   The convenience store hereby approved shall not be first opened for trade until a Verification report produced in accordance with Table 4 of the Remediation Statement Report prepared by Geo2, (Report ref no. 20/0916.2.2, dated March 2020) has been submitted to, and approved in writing by, the local planning authority. 

 

REASON:        In the interests of safeguarding the amenity of the area in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

Publication date: 16/02/2021

Date of decision: 17/12/2020

Decided at meeting: 17/12/2020 - Planning Committee

Accompanying Documents: