Agenda item

Officers drew Members’ attention to the Committee Update, which highlighted that the Application had been brought to the Planning Committee for consideration at the request of Councillor D. Hopkins, Ward Councillor. Councillor Hopkins comments were also included in the Committee Update.

The Committee Update further detailed comments from Worcestershire Regulatory Services (WRS) – Noise, which included the following statement: -

‘Therefore, I have no objection to the application in terms of noise but would recommend that deliveries are restricted, by condition, to the daytime only 07:00 – 23:00hrs’.

A copy of the Committee Update was provided to Members and published on the Council’s website prior to the commencement of the meeting.

Officers presented the report and in doing so highlighted that the Reserved Matters application (Layout, Scale, Appearance and Landscaping) to outline planning permission 16/1132 (granted on appeal APP/P1805/W/20/3245111) was for the erection of a retail unit and associated infrastructure within Site A, Land at Whitford Road, Bromsgrove.

Officers further presented the presentation slides, as detailed on pages 52 to 61 of the main agenda pack.

The site formed part of the Bromsgrove Town Expansion Site BROM3 allocated for development in the District Plan. It formed part of a larger site (Site A) with outline planning permission granted by the Planning Inspectorate.

Following the grant of outline planning permission and the approval of Access by the Planning Inspector, this application sought consent for the remaining 4 Reserved Matters: Appearance, Landscaping, Layout and Scale, as detailed on page 47 of the main agenda pack; for the erection of a retail unit and associated infrastructure.

Glazing was proposed to both the front elevation and part of the side elevation towards Whitford Road. An internal refuse storage area was also included within the retail unit. The building was shown to be located behind the proposed parking area. 10 car parking spaces were proposed (including 1 no. disabled bay); and cycle parking.

Residential dwellings would be located adjacent to the boundaries of the retail site. Consideration must be given to the impact of the development on residential amenity. A shadow study was submitted with the application, showing that the impact from any overshadowing would be transient and was therefore considered acceptable, as detailed on pages 57 and 58 of the main agenda pack.

Officers highlighted that the Planning Inspector had considered and allowed the Reserved Matter of Access. This included consideration of traffic movement and highway safety together with a proposed mitigation package and approved 2 vehicular access points into Site A from Whitford Road. Separate vehicle and pedestrian access points would be taken from the internal roadway serving Site A. As stated in the report, ‘For clarity, the matter of external Access has already been determined and approved, thus does not fall to be considered as part of the current application.’

At the invitation of the Chairman, Mr. J. Griffin, the Applicant’s Planning Agent and Councillor D. Hopkins, Ward Councillor, addressed the Committee.

Members then considered the Reserved Matters application which officers had recommended be granted.

Some Members queried the applicant’s proposed delivery hours of 07:00 to 21:00 Monday to Saturday and 08:00 to 18:00 Sunday and Bank Holidays, as these proposed hours were different to the hours suggested by WRS – Noise, that deliveries be restricted to the daytime only 07:00 to 23:00, as detailed in the Committee Update. Members were concerned that deliveries up to 23:00 hours would be noisy and disruptive to children sleeping in nearby residential properties, with noise from refrigeration units and delivery vehicles and reversing alarms on vehicles.

Officers explained that the location of bedrooms would have been considered by WRS officers. The hours as suggested by WRS – Noise reflected the stores proposed opening hours. However, the applicant’s planning agent was present at the meeting and officers would be happy to feedback Members concerns to the applicant and that Members had requested that deliveries be restricted between 08:00 and 21:00 hours.

Members reiterated that they were taking the concerns raised by residents and Councillor D. Hopkins, Ward Councillor into consideration with regards to potential noise disruption to nearby residents.

Officers further responded to questions from the Committee having some concerns about the height of the proposed acoustic fencing, in that delivery vehicles and delivery vehicles with refrigeration units being far higher than 1.8m and 2.2 metres high.

Officers drew Members’ attention to page 48 of the main agenda pack and the information submitted in the Acoustic report; which proposed an acoustic fence of between 1.8m and 2.2m high along to western boundary to protect residential amenity from noise arising from the use of the site and the location of the delivery area close to the boundary. Members therefore suggested that delivery drivers be requested to switch off any refrigeration units when making deliveries.

Some Members raised concerns with regards to residents being disrupted during the construction phase and queried if a Construction Environmental Management Plan (CEMP) had been submitted.

Officers explained that a CEMP was agreed with the outline planning application and that a CEMP would be submitted for this Reserved Matters application and that would address any concerns.

Members further stated that they were empathic and sympathetic to the upheaval caused to residents during the construction of such a large development, which was approved at appeal, therefore taking the decision away from Planning Committee Members. However, Members were still mindful of the amount of disruption and disturbance to residents as raised by residents, and the Ward Councillor.  These concerns needed to be addressed and Members needed to ensure the best outcomes for residents during any further construction. Therefore, it was paramount that CEMP’s was adhered to.

With regards to further questions from Members on the two proposed access points, officers drew Members’ attention to the Site Layout presentation slide, as detailed on page 54 of the main agenda pack. which showed the pedestrian access and vehicular access.

Having received the satisfactory final views of Worcestershire Regulatory Services (WRS), as detailed on page 4 of the Committee update, on being put to the vote, it was

RESOLVED that

a)    delegated powers be granted to the Head of Planning, Regeneration and Leisure Services to determine the planning application following the receipt of a suitable and satisfactory legal mechanism in relation to a financial contribution with regard to a Traffic Regulation Order;

b)    delegated powers be granted to the Head of Planning, Regeneration and Leisure Services to agree the final scope and detailed wording and numbering of conditions as set out below: -

· List of approved plans

· Materials

· Noise attenuation measures (if deemed appropriate)

· Hours of use

· Delivery hours, officers to liaise with the applicant on reducing the

   delivery hours to 08:00 to 21:00, as requested by Planning Committee

   Members and as detailed in the preamble above

· Landscape implementation and maintenance

· Cycle parking

· Travel Plan

· Provision of parking/ manoeuvring areas, and 

· Visibility splays