Tesco Superstore_ Escot Road_ Sunbury On Thames_ TW16 7BB by lifemate


									ITEM NUMBER 3

APPLN. NO.:    : 05/00746/FUL                 Tesco Superstore, Escot Road, Sunbury On
VALID DATE     : 26/07/2005                   Thames, TW16 7BB
EXPIRY DATE    : 26/09/2005
CTTEE DATE     : 04/01/2006 (SG)              Variation of condition 1 of planning
TARGET         : OVER 8 WKS                   permission SP/97/0515 to allow temporary
                                              extension of the stores trading hours on
                                              Mondays to Saturdays to 24 hours for a
                                              period of 6 months

                                              As shown on drawing no. 612404/01
                                              received on 26 July 2005 for Tesco Stores

WARD: Sunbury Common

     This application was reported to the November Planning Committee upon request
     from Cllr Colin Strong.

     The Committee deferred the application in order to clarify the following:
      The possibility of closing Escot Road during the night with all customer and
        delivery access during that period being via Brooklands Close.
      Could Escot Road be resurfaced in a material (porous ashphalt) to reduce road
      Could the noise problem from the loose manhole covers in Escot Road be

     In response, the applicant has stated as follows:

     “The use of Brooklands Close: It has been suggested that Escot Road could be
     closed at night, and that Brooklands Close could be used to provide an alternative
     access for visitors during this time. Whilst we would not wish to preclude this, the
     local planning authority will no doubt be aware that the Council has previously
     imposed restrictions on the use of Brooklands Close”.

     The applicant‟s letter then refers to Condition 7 of planning permission PA/01/00026,
     which restricts the use of the access to service vehicles (see paragraph 2.4 of this
     report). The applicant points out that the suggested access arrangements would be
     contrary to this condition but recognises the condition could be varied. The applicant
     also states:

     “The Company would also raise concerns that the use of an alternative access during
     the night may be difficult to manage in practical terms, and in particular, may not be
     appropriate at this stage given the temporary nature of this current application”.

     “Improvements to Escot Road: The Company is aware of the issues concerning the
     condition of Escot Road and specifically the noise resulting from the surface
     treatment and the existing manhole covers. The company is currently in the process
     of arranging improvements to Escot Road and is instructing contractors to undertake
     works, including works to manhole covers. In addition, the road surface will be
     resurfaced in porous ashphalt. It is considered that these measures would reduce

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      The applicant has been requested to confirm when exactly the works to the manhole
      covers and the resurfacing of Escot Road with porous ashphalt would be carried out.
      Members will be verbally updated at the meeting on that. I comment on these matters
      in paragraph 7.4 of this report.

1.    Borough Local Plan

      -   Within Urban Area

2.    Relevant Planning History

2.1   E/89/211           Retail store, petrol filling station, car   Approved
                         parking and associated works including      January 1990
                         vehicular access from Staines Road
                         West and pedestrian access from
                         Crossways (Sunbury Cross)

      Condition 9 of that permission states that: -

         “The premises (including the petrol station) shall not be used for the purposes of
          retail sales at any time on Sundays or before 7.30 am or after 10.00 pm on any
          other day”.

      The reason for the condition is: -

         “To safeguard the amenities of nearby residents”.

2.2   SP/92/0211         Retention of the Tesco Superstore           Refused
                         without complying with condition 9 of       October 1992
                         planning permission E/89/211

                         Appeal allowed subject to 3 conditions
                         in March 1993. Costs awarded against
                         the Council.

      The 3 conditions imposed at the appeal were as follows: -

      1. The retail store shall not be used for the purposes of retail sales before 7.30 or
         after 22.00 hours Mondays to Saturdays nor before 10.00 or after 16.00 hours on
         Sundays. The petrol filling station shall not be used for the purposes of retail sales
         before 7.30 or after 22.00 hours Monday to Saturday nor before 9.30 or after
         17.00 hours on Sundays;

      2. Save for the delivery of newspapers, there shall be no service deliveries to the
         retail store or petrol filling station after 22.00 hours on any Saturday nor before
         10.00 hours on any Sunday; and

      3. Before any trading commences on Sundays, the fence hereby permitted, and
         shown on plan 1434/Arch/500A, shall be erected and thereafter permanently

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2.3   SP/97/0515          Modification of condition 1 of planning       Approved
                          permission SP/92/0211 to enable the           November 1997
                          petrol filling station to extend trading
                          from 22.00 hrs to 22.30 hrs Monday to
                          Saturday, 07.30 hours to 07.00 hours
                          on Saturdays only, and 09.30 hours to
                          09.00 hours on Sunday only.

      Condition 1 of SP/92/0211 was modified to read as follows: -

         “The retail store shall not be used for the purpose of retail sales before 07.30
          hours or after 22.00 hours Mondays to Saturdays or before 10.00 hours or after
          16.00 hours on Sundays. The petrol filling station shall not be used for the
          purposes of retail sales before 07.30 hours or after 22.30 hours Mondays to
          Fridays nor before 07.00 hours or after 22.30 hours on Saturdays nor before
          09.00 hours or after 17.00 hours on Sundays.”

      The current application relates to the variation of the above condition. The opening
      hours for the petrol filling station will remain unchanged.

2.4   01/00026/FUL        Extensions to existing food store to          Approved
                          provide additional floorspace and             February 2003
                          storage area, amendments to site
                          access junction with Staines Road
                          West, erection of a covered walkway,
                          creation of a new barrier controlled
                          access to Brooklands Close, and
                          ancillary works

      Condition 7 of that permission states that:

         “Only service vehicles connected with the operation of the retail store on site shall
          use the vehicular part of the link of Brooklands Close, and it shall not be used by
          any other vehicles without prior consent of the Local Planning Authority. The
          barrier shall be kept closed when not in use by service vehicles”.

      The reason for the condition is: -

         “In the interests of the highway and traffic situation in the locality.

         To comply with the terms of the application.”

2.5   05/01116/FUL        Permanent relaxation of condition 1 of        Currently under
                          planning permission ref. SP/97/0515 to        Consideration
                          allow the permanent extension of
                          trading hours over the Christmas
                          Period, during the week prior to
                          Christmas Day each year between
                          0600 hours to 2400 hours

3.    Description of Current Proposal

3.1   The application site is the Tesco Superstore premise. The superstore and its car park
      lie to the south of the Staines Reservoirs Aqueduct on a triangular plot of land with

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      the M3 motorway to the south of it and factory/warehousing to the west. The petrol
      filling station is situated in the north west corner of the triangular plot. Vehicular
      access is via Escot Road, off Staines Road West. To the west of the Escot Road
      access road are residences in Percy Bryant Road, whilst to the east, beyond a strip of
      open land, are residences in Spelthorne Grove. The nearest residential property from
      the store boundary is at a distance of approximately 10 metres. The acoustic fence as
      required under appeal condition 3 of SP/92/0211 has been erected.

3.2   The application seeks to extend the stores trading hours to allow 24 hour opening
      during Mondays to Saturdays for a temporary period of 6 months. Both Sunday
      trading hours, and the opening of the petrol filling station, will remain unaltered.
      Service delivery arrangements/hours will remain unaltered.

4.    Consultations

4.1   County Highway Authority has no objections.

      The Authority was re-consulted following the comments from the applicant in relation
      to Condition 7 of the planning consent 01/00026/FUL. Condition 7 was not imposed at
      the request of the County. The Authority, in principle, has no objections to the
      removal of this condition.

      However, the Authority does share the applicants concerns over how the measure
      would be managed with restricting night time use of Escot Road. Confusion may
      occur amongst drivers as to when to use each access. A turning area would need to
      be provided on Escot Road for any vehicles that turn into Escot Road at night.
      Appropriate signing would also be required.

      The junction of Escot Road and Staines Road West was designed to accommodate
      traffic associated with the Tesco‟s Store. The junction of Windmill Road (A244) with
      Brooklands Close has not been modelled with this in mind. If the Committee were to
      allow this, the County would suggest that the applicant should model the Windmill
      Road and Brooklands Close junction with regard to the traffic generated for the
      Tesco‟s Store and make any necessary alterations to the junction at their own

4.2   Environmental Health – Noise Officer has advised that whilst the applicant does not
      expect a significant increase in the number of customers, they are unable to
      accurately predict the extra use generated by 24 hours opening and therefore the
      possible impact. The only way to assess the possible impact is to grant a temporary
      consent to enable the impact to be tested. The officer has suggested some
      conditions, which have been imposed below.

      The officer has, however, requested that the applicant should submit an estimate of
      possible numbers that are expected in comparison to other stores in similar locations.

      The applicant has responded, “with regard to additional customers generated by the
      extending trading hours, this is difficult to predict with accuracy. For this very reason,
      the company currently proposes only a temporary „trial‟ period of six months. This will
      enable the Company to consider whether a permanent permission would result in
      „demonstrable harm‟”.

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5.     Third Party Representations

5.1.   In total 12 letters of objection has been received including one petition letter signed
       by 92 people (out of which 3 people are in favour of the proposal) objecting to the
       proposal on the following grounds:

       -   Noise from vehicles, customers, trolleys will be louder at night times in the
           absence of any background noise;
       -   Increase in traffic;
       -   Vehicular movements all day and night;
       -   Rumblings across the bridge;
       -   24 hour opening will encourage people from outside the local area;
       -   Noise from HGV deliveries;
       -   No local need for 24 hours openings;
       -   Light pollution;
       -   Air pollution;

6.     Issues

       -   Impact of traffic noise on the amenities of the adjoining residences

7.     Planning Considerations

7.1.   The proposal to extend the stores trading hours to allow 24 hour opening during
       Mondays to Saturdays would be for a temporary period of 6 month. The applicant‟s
       intentions are to extend the opening hours on a permanent basis. However, as it is
       difficult to predict the level of noise that might arise as a consequence of the
       proposal, the applicant is seeking approval for a temporary „trial‟ period of 6 months.
       This period will allow sufficient time for the applicant to monitor the actual number of
       customers attracted during the extended hours, and to measure the true level of
       impact in terms of noise and disturbance. This „trial period‟ would also give the Local
       Planning Authority an opportunity to assess the impact of the proposed opening
       hours on the nearby residential properties and the surrounding area.

7.2.   Circular 11/95 states that a temporary permission will normally be appropriate “for a
       use which may be „potentially detrimental‟ to existing uses nearby, and there is
       insufficient evidence to enable the authority to be sure of its character or effect”.
       Given the proximity of the superstore to adjoining residential properties, and in order
       to assess the impact of the proposed 24-hour opening of the superstore, it is consider
       that a „trial period‟ of 6 months should be allowed. The Noise Officer has requested
       that an impact survey before and during the 24-hour opening shall be commissioned
       by the Tesco store in order to assess the impact of the proposal and accordingly a
       condition has been imposed below in that respect.

7.3.   The applicant has confirmed that there would be no increase in the number of
       deliveries to the superstore. The route of delivery vehicles would be similarly
       unaltered, and the secondary access off Brooklands Close would primarily be used,
       as at present. The County Highway Authority has raised no objection to the proposal
       on traffic grounds.

7.4.   Whilst I fully understand the advantages of using Brooklands Close for night time
       access for all vehicles there are physical alterations to the highway required to
       achieve this as well as difficulties associated with having two alternative public
       access points to a superstore. I do not consider it reasonable to expect the applicant
       to carry out the required works and resolve these difficulties before the grant of a

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       temporary “trial” 6 months permission (which may result in a permanent consent not
       being forthcoming).

7.5.   Residents are concerned about the noise resulting from the use of the bridge by
       buses and trucks/delivery vehicles including HGVs over the aqueduct. It is considered
       that a condition should be imposed on this temporary permission restricting all the
       deliveries to the superstore via Brooklands Close, which will reduce the use of the
       bridge by heavy lorries/vans/trucks with a potential reduction in the noise. In addition,
       the applicant has indicated they are prepared to carry out the resurfacing of the Escot
       Road and also to repair the manhole covers, which will further reduce the noise from
       the traffic. It is considered that the proposed temporary consent would not result in a
       significant increase in air pollution. Whilst it is possible that the car park lights may be
       left on all night, considering the context of the site, close to the motorway and
       Sunbury Cross Town Centre, an objection could not be sustained on light pollution

8.     Recommendation

8.1.   GRANT subject to the following conditions; -

              Insert “6 months”………….”4 July 2006”

       2.     Prior to the implementation of this permission, the applicant will agree in
              writing with the local planning authority the terms of reference of an Impact
              Survey of conditions before and during the 24 hour trading of the superstore.
              The Survey will be carried out in accordance with those details and be
              submitted to the local planning authority at the end of the trial period.

       3.     All types of deliveries to the Tesco superstore shall be carried out via
              Brooklands Close; no deliveries shall be carried out via Escot Road within the
              „trial‟ period for which planning consent has been granted.


       1.     R2

       2.     In order to assess the impact of the proposal on the amenities of the nearby
              residential properties and the surrounding area.

       3.     To reduce the potential noise and disturbance resulting from the use of the
              bridge over the aqueduct.


       1.   Standard Informative I.0.7

       2.   The applicant is advised that in reaching this decision the Council has had
            regard to the following policies and/or proposals in the development plan. Each
            is considered relevant to the decision.

            Spelthorne Borough Local Plan 2001:        BE1, BE31, S8, EM1, EM5, M8
            Surrey Structure Plan 2004:                LO8, DN2

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