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Item No: 03 Application No. S.09/1611/VAR Site No. 7539 Site Address 18 Kingshill Road, Dursley, Gloucestershire, GL11 4EJ Town/Parish Dursley Town Council Grid Reference 375109,198890 Application Type Variation of Condition Proposal Variation of condition 4 of planning permission S.09/0895/FUL - proposed delivery hours 07:00 - 22:00 (Monday to Saturday) and 10:00 - 16:00 on Sunday & Bank Holidays. Applicant’s Mr John Hillman Details Lidl UK GMBH, Waterton Industrial Estate, Off Cowbridge Road, Bridgend , Mid Glamorgan Wales CF31 3PH Agent’s Details None Case Officer Holly Simkiss Application 04.09.2009 Validated LOCATION PLAN RECOMMENDATION Recommended Permission Decision Subject to the following 1. No deliveries shall be taken at or dispatched from the site outside the conditions: hours of 07:00 to 22:00 Monday to Saturday nor outside the hours of 10:00 to 16:00 on Sundays, Bank or Public Holidays. Reason: To protect the amenity of the locality, especially for people living and/or working nearby, in accordance with Stroud District Council Local Plan Policy GE1. 2. The service yard area should remain gated at all times other than when deliveries are being received. Reason: In the interests of neighbouring amenities and to comply with Policy GE1 of the adopted Stroud District Local Plan, November 2005. Informatives: 1. For the purposes of Article 22 of the Town and Country Planning (General Development Procedure) (England) (Amendment) Order 2003, the following reasons for the Council's decision are summarised below together with a summary of the Policies and Proposals contained within the Development Plan which are relevant to this decision: The proposal is considered to comply with the provisions of Policy GE1 of the adopted Stroud District Local Plan, November 2005 and the requirements of PPG24. The proposal will not adversely affect the amenities currently enjoyed by neighbouring occupiers. The proposal meets the requirements of PPG24. 2. Any deliveries outside these hours would constitute a breach of planning permission; therefore it is the management’s responsibility to ensure that all deliveries are received in good time to allow for the period of unloading. 22:00 and 16:00 respectively are terminal hours by which time all delivery activity must have ceased, not the latest times at which a delivery could be received at the store. In addition, deliveries should be organised in such a way as to avoid vehicles waiting on residential roads outside the agreed delivery hours. CONSULTEES Comments Parish / Town Received Not Yet Received Environmental Health Officer Contaminated Land Officer NEIGHBOURS Letters of J Sirett, 20A Kingshill Road, Dursley Objection P Jones, 20 Kingshill Road, Dursley A Watson, 8 Jubilee Road, Dursley A Barton, 7 Jubilee Road, Dursley Jepps, 3 Jubilee Road, Dursley D Ham, 1 Jubilee Road, Dursley Dr CB Staddon, 17 Kingshill Road, Dursley B Rutter C Mowforth, 13 Jubilee Road, Kingshill Letters of Support Letters of Comment OFFICER’S REPORT This report is presented to the Committee because it is outside of the Scheme of Delegation. This application has been called-in by the following member or body, or for the following reason: Mixture of letters and parish comments UPDATE The application was deferred on the 10th November 2009 pending further discussions with the agent to see if the proposed delivery hours on a Sunday and Bank Holidays could be altered. The agent has confirmed in writing that Lidl would be prepared to delay the morning deliveries to 10.00am instead of 08.00am. Afternoon deliveries would cease at 4pm. These hours tie in with the opening hours on these days. The report to the November meeting was as follows: SITE The application site comprises a retail unit in the local defined shopping centre in Kingshill, Dursley. The site is detached but at the end of a row of terraced units that are commercial at ground floor level with accommodation above. The rest of the area is residential with an estate (probably 1930’s) to the rear. The site, originally a cinema now houses a supermarket and permission was granted in 1991 for a new single storey supermarket building. More recently planning permission was granted for the erection of a single storey rear warehouse extension, as the supermarket has changed ownership from Somerfield to Lidl. A further application for the erection of corporate signage in line with the Lidl brand has also been permitted. The site is unaffected by any landscape or other land use designations. PROPOSAL The application proposes to vary condition 4 of planning consent S.09/0895/FUL which restricted delivery times to 7am to 6pm Mondays to Saturdays and 8am to 1pm Sundays and bank holidays. This application seeks to change them to 7am to 10pm Mondays to Saturdays and 7am and 8am to 4pm Sundays and bank holidays. A single delivery per day is expected, although the time can not be guaranteed. Each delivery is expected to take up to 45 minutes. MATERIALS n/a RELEVANT PLANNING HISTORY S.09/1511/ADV. Erection of corporate signage. S.09/149/FUL. Render external elevations. S.09/0895/FUL. Erection of a single storey warehouse extension and welfare facilities including the creation of a delivery ramp. Installation of floor to ceiling glazing and internal alterations. S.05/1988/FUL – Retrospective consent to retain boundary fence S.05/1467/ADV - Erection of 2 shop signs and 1 pole sign S.05/1431/FUL - Installation of existing refrigeration plant to yard of existing supermarket S.00/1807 (2000) – retention of paper store S.7539/J (1991) – Phased demolition of existing supermarket and erection of single storey supermarket, alterations of access S.7539/K (1993) - Erection of timber boundary fence at NW edge of site and erection of lighting columns in car park. S.7539/J/AP (1993) – Erection of supermarket, approval of details S.7539/H (1989) – Erection of new supermarket (refused) S.7539/G (1989) – Erection of new supermarket (refused) S.7539/F (1988) – Erection of new supermarket (refused) S.7539/E (1981) - New shop front, step and roller shutter door S.7539/D (1978) – Access to boiler house, new access S.7539/C (1977) - Alterations and extension to form supermarket S.7539/B (1977) - Conversion of cinema to supermarket CONSULTATION RESPONSES Parish: Objection contrary to GE1. Unacceptable impact on local community and give rise to unacceptable level of noise and general disturbance late at night. Committee would like the same conditions to apply as in previous applications and maintain that a more suitable delivery time is between 7am and 8pm Monday to Saturday. Neighbour (Jepps): Objection relating to loss of trees. Neighbour (Sirett): Objection. Current morning delivery time of 7.30am is early enough. 10pm is unacceptable in a suburban area such as this. Neighbour (Ham): Objection. Delivery hours later than store opening hours. Noise unreasonable. Comments regarding that construction has been going on for some time and trees have been taken down. Feels that residents have not been considered at all. Neighbour (Dr Staddon): Objection. Movements of large vehicles over greater period of time would be detrimental to local residents and contrary to local plan. Approval would be to the detriment of sustainable development. Neighbour (Jones): Objection. Unwanted noise generation at night. Noise of vehicle and associated unloading operations. Neighbour (Rutter): Objection. As store is within a residential estate, proposed hours will be excessive and cause noise nuisance. Neighbour (Barton): Objection. Store is with a residential area not an out of town retail park. Noise disturbance. Neighbour (Mowforth): Objection. Residential area and not a commercial shopping area. Noise disturbance. Neighbour (Watson): Objection. Residential neighbourhood and not an urban retail park. Noise and associated disruption. PLANNING CONSIDERATIONS In considering this application, the provisions of Policy GE1 of the adopted Stroud District Local Plan, November 2005 and PPG24 have been considered. Many of the neighbours have objected to the application because the site is residential and not a commercial shopping area. This however is incorrect. The site is designated within the Stroud District Local Plan November (adopted November 2005) and was first awarded the status as a local defined shopping centre by planning committee in March 1999 and was included in the deposit version of the local plan in November 1999. The neighbour and Town Council objection relates mainly to noise disruption. The shops along Kingshill Road and within the defined shopping centre include a car accessory shop, newsagents, hairdressers and two takeaways; one unit is vacant. The other end of the terrace is bookended by the Kingshill Inn. Due to the commercial nature of the site there is constant traffic movement and associated noise of a pub and takeaways. Detailed and lengthy discussions have taken place with Rob Weaver in Environmental Health about the potential for noise disruption. Based on the information provided by the agent, the unloading of the delivery lorry will take up to 45 minutes. As the delivery hours would cease at 10pm, the latest a lorry could arrive would be 9.15pm. An informative could be added to emphasize that the delivery hour restrictions are terminal hours and also that vehicles will not park on or after the specified hours and wait on the residential roads next to the site with refrigerated units running. A noise mitigation scheme has already been submitted as part of the discharge of condition application for the warehouse extension. This will aid with dampening any sound around the refrigeration plant and noise associated with delivery operations. Some of the neighbours have referred to the original planning permission for the store. Condition (g) of permission S.7539/J stated that “There shall be no deliveries to the site other than between 7.30am and 7.00pm”. The reason being “to safeguard the amenities at present enjoyed by the occupiers of the surrounding properties, from noise and general disturbance”. However, as PPG24 (Planning and noise) wasn’t introduced until 3rd October 1994 it is considered that policy has progressed and this particular condition is out of date. The opening hours of the supermarket are proposed as being 08.00-20.00 Monday to Saturday and 10.00-16.00 Sundays and Bank Holidays. The store will therefore be available for deliveries one hour before opening and two hours after Mondays to Saturdays and two hours before opening on a Sunday. PPG24 stipulates that noise sensitive developments should not be permitted where high levels of noise will continue through the night, especially during the hours when people are normally asleep (23.00 to 07.00). A single delivery per day is not deemed as generating a high level of noise and due to the proposed delivery hours would not cause unacceptable noise disruption. The comments and concerns of the neighbours have been carefully considered. However the proposal must be assessed against the proposed level of harm. For the reasons stated above it is considered that the noise mitigation scheme will aid in reducing any noise created by the deliveries and that the hours are not antisocial. Conditional permission is therefore recommended. RECOMMENDATION The application is therefore considered to comply with Policy GE1 of the adopted Stroud District Local Plan, November 2005 and PPG24 and is recommended for permission. HUMAN RIGHTS In compiling this recommendation we have given full consideration to all aspects of the Human Rights Act 1998 in relation to the applicant and/or the occupiers of any neighbouring or affected properties. In particular, regard has been had to Article 8 of the ECHR (Right to Respect for private and family life) and the requirement to ensure that any interference with the right in this Article is both permissible and proportionate. On analysing the issues raised by the application no particular matters, other to those referred to in this report, warranted any different action to that recommended.
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