Agenda item

Further to Minute No. 72/26 (meeting held on 9^th April 2026) the Planning Committee considered the application.

It was being reported to the Planning Committee for consideration due to the land being owned by Bromsgrove District Council, in accordance with the Council’s constitution.

Further information was included in the Committee Update, which detailed that further representations had been received in relation to the impact upon the highways network and residential amenity, as well as health and wellbeing concerns.

It was acknowledged that a further objection had been received after the publication of the Committee Update.

The Committee Update also detailed that a consultation response had been received from Worcestershire County Council Public Health, as detailed within the Committee Update.

Furthermore, with respect to the impact upon residential amenity, in particular the noise and activities associated with deliveries to the site, officers had given the matter revised consideration. Accordingly, an additional Condition was laid out in the Committee Update, that ‘Deliveries to the store shall only take place between 20.00 to 00.00 and not at any other time’, to protect the amenities of adjacent occupiers.

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 application was for the construction of a freestanding restaurant with associated drive thru, car parking, landscaping and works.

The reasons for deferment at the meeting of the 9^th April 2026 were highlighted by officers, namely, confirmation that the highways modelling was based on up-to-date base data, and evidence that the scheme had been tested against all reasonable future scenarios. The full response and further information in relation to these reasons was detailed in the report.

Officers presented the presentation slides, as detailed on pages 53 to 62 of the main agenda pack which detailed the proposed location of the restaurant, access points to the carriageway and a digital rendering of the restaurant.

The presentation slides detailed the main matters for consideration, namely, principle of development, public health, design and historic environment, highways matters and trees on page 62 of the main agenda pack.

479 representations had been received, of which 541 were in objection and 27 in support.

A wide number of partner agencies had been consulted as part of the planning process, with the majority of consultees raising no objections to the proposal. Furthermore, no objections subject to Conditions, had been received by Worcestershire County Council as the highways authority.

Further information, including relevant planning history, the Bromsgrove District Plan (BDP) and the National Planning Policy Framework (NPPF) was relayed to the Committee.

It was noted that the planning application was recommended to be granted, subject to conditions. In addition, it was recommended that delegated powers be granted to the Assistant Director for Planning, Leisure and Culture Services to determine the application following the receipt of a suitable and satisfactory legal mechanism in relation to the following matter, namely, £10,000 for the revalidation and optimisation of the Microprocessor Optimised Vehicle Actuation signal timings specification at the Parkside Junction.

At the invitation of the Chairman, Carol Bennett, an objector living in the locality spoke in opposition to the application. John Gerner, objecting to the application on behalf of the Bromsgrove Society also addressed the Committee. Councillor J. Robinson, Ward Councillor, also addressed the Committee in opposition to the application. Having addressed the Committee, Councillor J. Robinson then left the room.

Members then debated the application. From the comments and questions by members of the Committee, the following responses were made, and issues highlighted:

• It was noted that West Mercia Police had made no representations in relation to the application.
• The application was was in compliance with Policy BDP25.7 which applied a 400m buffer around schools, parks and youth centred facilities for hot food takeaways.
• Worcestershire County Council as the highways authority were satisfied that sufficient on- site parking had been proposed by the applicant.
• Members agreed that at present the junction on Stourbridge Road incurred heavy congestion at peak times.
• The NPPF set out a series of criteria for assessing capacity and congestion on the highways network. It stated that development should only be refused on highways grounds, should the impact on highway safety or residual cumulative impacts on the road network have been assessed as severe.
• It was noted by Members that any proposal seeking planning permission can only seek to address highways matters directly arising from the proposed development and cannot address pre- existing highways issues.
• It was proposed that a yellow box and keep clear markings be placed on the carriageway on the access point to Stourbridge Road.
• Proposed Condition 10 outlined that a detailed schedule of works including signage, pedestrian crossings and visibility splays must be approved by the Council prior to development commencing.
• Further traffic monitoring reports would be reviewed by the highways authority on a regular basis.
• Enforcement of the highways network and road traffic violations was the responsibility of West Mercia Police.
• It was questioned whether the proposed design of the restaurant was in keeping with the character of the local area.

The Committee discussed the proposal for the provision of £10,000 for the revalidation and optimisation of the Microprocessor Optimised Vehicle Actuation signal timings specification at the Parkside Junction. Members sought further clarity on how the legal mechanism in relation to this would work in practice and technical advice was provided to the Committee.

Councillor J. Clarke proposed an additional condition, namely that:

‘Within 6 months of the first use of the development, and thereafter at 18 months, a Traffic Monitoring Report shall be submitted to and approved in writing by the Local Planning Authority.

The report shall include:

a) Surveys of traffic flows and queue lengths on Stourbridge Road, Birmingham Road and at the Parkside Junction;

b) Assessment of right-turn movements into the site and any blocking back impacts;

c) Review of the operational performance of the Parkside junction, including signal timing efficiency;

d) Comparison of observed impacts against those predicted within the approved Transport Assessment.

Where the report identifies that the development has resulted in materially greater traffic impacts than forecast, a scheme of additional mitigation measures shall be submitted to and approved in writing by the Local Planning Authority.

The approved mitigation measures shall thereafter be implemented in full within a timetable to be agreed and retained thereafter.’

Following receipt of the technical advice and the proposed condition the meeting was adjourned between 19.08 hours to 19.21 hours to enable Committee Members to consider the information before them.

The Committee consensed that the additional Condition proposed by Councillor J. Clarke be accepted in principle, with the final wording, scope and detail to be agreed by the Assistant Director for Planning, Leisure and Culture Services, in consultation with the Chairman of the Planning Committee.

On being put to the vote it was 

RESOLVED that having had regard to all the information before them and all other material considerations

(a) that planning permission be granted;

(i)              subject to the Conditions as laid out on page 46 of the main reports pack;

(ii)             subject to Deliveries to the store only taking place between 20.00 to 00.00 and not at any other time;

(iii)           subject to a Traffic Monitoring Report submitted in writing to and approved by the Local Planning Authority within the six months of the first use of the development, and thereafter at 18 months, the final scope and detail of which to be agreed by the Assistant Director for Planning, Leisure and Culture Services, in consultation with the Chairman of the Planning Committee;

(b) that delegated powers be granted to the Assistant Director for

Planning, Leisure and Culture Services to determine the application following the receipt of a suitable and satisfactory legal mechanism in relation to the following matter:

(i)              £10,000 for the revalidation and optimisation of the Microprocessor Optimised Vehicle Actuation signal timings specification at the Parkside Junction.

Following consideration of the above matter referred to at Minute No. 90/26 the meeting was adjourned between the hours of 19.28 hours and 19.30 hours.