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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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