Planning Committee AREA East PARISH Brundall 4 APPLICATION NO: 20051591 TG REF: 632439/3088503 LOCATION OF SITE Brundall Pet and Hardware, Unit 2, Central Stores, Links Avenue, Brundall DESCRIPTION OF DEVELOPMENT Outdoor Plant Sales Area and Provision of Garden Area for Flat APPLICANT Simplicity Trading Ltd T/A Brundall Pet and Hardware Links Avenue Brundall AGENT Date Received: 7 November 2005 8 Week Expiry Date: 11 January 2006 1 THE PROPOSAL 1.1 The scheme is for the use of the open area at the rear of the shop to provide additional sales space for plants and other related garden products. The area is currently unused and is an untidy piece of land which adjoins the rear gardens of two residential properties and the compound of an electricity substation. 1.2 The scheme also involves the erection of two buildings within the site. One is a 10m x 6.5m x 3.1m high polytunnel for growing and selling plants; the other is a 5.5m x 3.5m x 3.5m high timber shed for the display and sale of timber products. 1.3 Externally, two plant display areas are proposed along with a compost and aggregates storage area. New access gates are proposed for deliveries to the site and a new access path will enable wheelchair users access to the plant sales area along with better access to the existing shop. It is also proposed that new 1.8m high fencing will replace the existing fencing on the boundary with adjoining residential properties and the electricity sub-station. 1.4 The scheme would also allow for the provision of a small garden area for the residential flat located above the pet and hardware store. 20051591 – Brundall Pet & Hardware 11 January 2006 Planning Committee 2 CONSULTATIONS 2.1 Brundall Parish Council – Awaiting comments. 2.2 Highways Authority – Do not wish to restrict the granting of planning permission. 2.3 Cllr Proctor – Raises concern about the application on the basis of increased traffic generation and lack of parking facilities; impact on the amenity enjoyed by adjoining residents; customer access arrangements and future potential for an increase in trading hours. 2.4 Environmental Health – Awaiting comments. 3 PUBLICITY 3.1 Site Notice – Expiry Date 15/12/2005 3.2 Neighbour Consultation – 2, 2a, 3, 5, 5a Links Avenue and 76, 76a, 78, 80, 82 The Street, Brundall. 4 REPRESENTATIONS 4.1 4 letters of objection have been received from 2 Finch Way, 4 Links Avenue, 80 & 82 The Street. These representations have been made on the basis of: - increased traffic generation (both by customers and deliveries) and associated parking problems leading to a more hazardous situation both for pedestrians and vehicular traffic; - impact on the amenity of adjoining neighbours by reason of increased activity on site, noise, loss of privacy, lighting and security; and - potential future increase in trading hours leading to an increase in all the issues raised above. 4.2 One letter of support from 2 Links Avenue saying that a dedicated delivery loading area would improve the current situation and that the site would be much tidier than at present. 5 RELEVANT POLICY GUIDANCE 5.1 PPS1 – Delivering Sustainable Development: 20051591 – Brundall Pet & Hardware 11 January 2006 Planning Committee Sets out the overarching planning policies on the delivery of sustainable development through the planning system. 5.2 PPS7 – Sustainable Development in Rural Areas Promotes the location of services and facilities in existing towns and villages Broadland District Local Plan Site located within a defined development boundary 5.3 Policy GS1: New development will normally be accommodated within the development boundaries. Outside these boundaries, development proposals will not be permitted unless they comply with a specific allocation and/or policy of the Plan. 5.4 Policy GS3: Sets out general considerations to be taken into account in all new development proposals, including access, residential amenity, the character and appearance of the surrounding area, nature conservation, agricultural land, building conservation and utilities and services. 5.5 Policy ENV2: For all development proposals a high standard of layout and design will be required with regard given to the scale, form, height, mass, density, layout, energy efficiency, landscape, access and the use of appropriate materials. This will include the consideration of the appearance and treatment of spaces between and around buildings and the wider setting of the development taking into account the existing character of the surroundings. 5.6 Policy SHO5: The area is identified as a designated shopping area defined on the proposals map. This is aimed at protecting and supporting the shopping function in local neighbourhood shopping areas 5.7 Policy TRA4: Development will not be permitted where it would endanger highway safety or the satisfactory functioning of the highway network. 5.8 Policy TRA6: 20051591 – Brundall Pet & Hardware 11 January 2006 Planning Committee In new developments, adequate parking and manoeuvring space will be required in accordance with the Council’s adopted parking guidelines. Broadland District Local Plan revised deposit (including proposed modifications). 5.9 Policy (RD) GS1: New development will only be accommodated within the settlement limits for the Norwich fringe parishes, market towns and villages. 5.10 Policy (RD)GS4: Sets out general considerations to be taken into account as well as any specifically related to the nature of the proposal. 5.11 Policy (RD)ENV2: For all development proposals a high standard of layout and design will be required with regard given to the scale, form, height, mass, density, layout, energy efficiency, landscape, access and the use of appropriate materials. This will include the consideration of the appearance and treatment of spaces between and around buildings and the wider setting of the development taking into account the existing character of the surroundings. 5.12 Policy (RD)SHO3: The area is identified as a designated shopping area defined on the proposals map. This is aimed at protecting and supporting the shopping function in local neighbourhood shopping areas. 5.12 Policy (RD)TRA6 Parking provided in relation to a particular development will reflect the use, location and accessibility by non-car modes as determined in the transport assessment for the development. In new developments parking will be provided in accordance with the Council’s parking guidelines. 5.13 Policy (RD)TRA11 Development will not be permitted where it would endanger highway safety or the satisfactory functioning of the local highway network. 20051591 – Brundall Pet & Hardware 11 January 2006 Planning Committee 6 LOCATION AND DESCRIPTION OF SITE 6.1 The site is located within the development boundary for Brundall in an area which is designated in the Local Plan as a local village centre where shopping activity should be protected and supported. 6.2 The current application relates to the use of land at the rear of an existing shop unit which fronts onto Links Avenue which trades as Brundall Pet and Hardware. The unit is located within a group of shops and commercial premises which wrap around the corner of Links Avenue and The Street. 6.3 The land at the rear is currently an unused piece of land of rough grass with some small shrubs and trees on the boundary of the site. The site is separated from two adjoining residential garden areas and an electricity sub-station by a close boarded fence. There is also a panelled wooden fence separating the site from the rear of the land attached to commercial properties fronting The Street. A concrete path runs along the edge of the site at the rear of properties fronting Links Avenue. 6.4 Limited parking is currently available in front of the existing shop units fronting Links Avenue and there is a small parking area in front of the adjoining electricity sub-station. 7 PLANNING HISTORY 7.1 831061 – Change of use of land for the sale of motor vehicles – Refused 26/7/83 8 APPRAISAL 8.1 The main issues to be taken into account in the determination of this application are an assessment of the proposal against relevant Local Plan policies and a consideration of other issues raised as a result of the consultation exercise. 8.2 The application site is located within the development boundary/settlement limit in both the adopted and emerging Local Plans. It is also within an area which is identified within the proposals map as a local village centre where shopping activity will be protected and supported. The principle of small scale retail development in this location is, therefore, acceptable in principle. 8.3 Consideration needs to be given to the requirements of Policies GS3, ENV2, SHO5, TRA4 and TRA6 of the adopted Local Plan and Policies (RD)GS4, (RD)ENV2, (RD)SHO3, (RD)TRA6 and (RD)TRA11 of the Broadland District Local Plan revised deposit (including proposed modifications). These are examined below. 20051591 – Brundall Pet & Hardware 11 January 2006 Planning Committee 8.4 With regard to the impact on the character of the area, the site at present is an unattractive, untidy area of land which is overgrown and has a number of small shrubs and trees within it, none of which are of any note. The proposal to use the area as part of the existing commercial activity will improve the amenity value of the site and the provision of new boundary fencing will add to this. Furthermore, the limited size of the two structures proposed will have little visual impact on the amenity of adjoining residents. Also, because of the enclosed nature of the site, located behind existing commercial premises, the wider character of the area will remain unaffected. Other potential benefits exist in that wheelchair users will be provided with better access to the existing retail premises via the new proposed access arrangements. 8.5 With respect to the amenity issues which could potentially affect adjoining residents, it is considered that although there may be some increase in commercial activity on site, the nature of the site itself restricts the amount of activity which could be generated. The total garden area amounts to approximately 290sqm, of which 84.25sqm is taken up by the two buildings on the site. Circulation space around the site is, therefore, limited and only minor disturbance is likely to adjoining residents. By locating the two proposed buildings alongside the boundary fence with the neighbour at 80 The Street, the potential disturbance to their garden area should be limited as should the impact on their privacy. Similarly, it is not considered that the limited outside activity will impact adversely upon the amenity or privacy of the neighbour at 82 The Street by reason of either noise or disturbance. The amenity of adjoining residents can be protected further by the imposition of appropriate conditions relating to days and hours of operation. It is suggested that, if the application is approved, the hours of operation should be limited to between 0830hrs – 1730hrs from Monday to Saturday (inclusive) and that the outdoor sales area should not be open on Sundays nor on any public holiday. 8.6 Concern has also been raised about the potential impact of lighting at the site. The applicant has confirmed that only low level lighting will be used externally on the site and that no floodlighting is proposed. Any lighting would be switched off outside of shop trading hours. 8.7 The most concern raised has been in relation to the potential generation of additional vehicular traffic to the site and a consequent increase in safety and parking problems. The scheme has been considered by the Highways Authority and no objection is raised to the proposal and no conditions required to be imposed. It is considered that the existing parking situation or safety situation will be compromised any more than at present by the scheme which will only allow for a small increase in commercial activity on the site. Furthermore, by concentrating activity within the designated shopping area of the village, it is felt that this is a sustainable approach which allows people within the village to access services and facilities without need for a longer journey, be it by car, cycle or foot. Local bus services also pass close by the application site. 8.8 It is, therefore, considered that given the principles embodied in the Local Plan and given the limited scale and impact of the proposal, the application is 20051591 – Brundall Pet & Hardware 11 January 2006 Planning Committee considered to be an appropriate form of development for the site which will help to support the commercial viability of the existing retail business. 8.9 This application is reported to Committee at the request of Mr Proctor, one of the Ward Members. RECOMMENDATION: APPROVE ; subject to the following conditions. (1) The development hereby permitted shall be begun before the expiration of three years from the date of this decision. (2) The sales area the subject of this permission shall only be open from 0830hrs to 1730hrs on any day between Monday and Saturday (inclusive) and shall not open at any time on a Sunday nor on any Bank Holiday. (3) Prior to the commencement of development, full details of the means of enclosure shall be submitted to and approved by the Council in writing. The works shall be implemented as approved prior to the use first commencing. Reasons 1. In accordance with Section 91 (as amended) of the Town and Country Planning Act 1990. 2. To ensure the proper development of the site without prejudice to the amenities of the area in accordance with Policy GS3 of the Broadland District Local Plan and Policy (RD)GS4 of the Broadland District Local Plan revised deposit (including proposed modifications). 3. To ensure the satisfactory development of the site in accordance with Policy GS3 of the Broadland District Local Plan and Policy (RD) GS4 of the Broadland District Local Plan revised deposit (including proposed modifications). Reasons for the decision: This application has been considered against the Development Plan for the area, this being the Norfolk Structure Plan, the Broadland District Local Plan and Broadland District Local Plan revised deposit (including proposed modifications). The policies particularly relevant to the determination of this application are policies GS1, GS3, ENV2, SHO5, TRA4 and TRA6 of the Broadland District Local Plan and Policies (RD)GS1, (RD)GS4, (RD)ENV2, (RD)SHO3, (RD)TRA6 and (RD)TRA11 of the Broadland District Local Plan revised deposit (including proposed modifications). 20051591 – Brundall Pet & Hardware 11 January 2006 Planning Committee The application site falls within the development boundary/settlement limit for Brundall, within an area designated as a local centre where shopping activity should be protected and supported. Therefore, the principle of retail development is acceptable in this location. It is considered that the scale and form of the development proposed is sympathetic to the character and appearance of the surrounding area with sufficient regard paid to the potential impact upon the amenity of adjoining and nearby residents. It is also considered that any additional traffic generated to the site will create little or no additional problems in relation to parking or highway safety. Therefore, the application should be approved as it complies with Policies GS1, GS3, ENV2, SHO5, TRA4 and TRA6 of the Broadland District Local Plan and Policies (RD)GS1, (RD)GS4, (RD)ENV2, (RD)SHO3, (RD)TRA6 and (RD)TRA11 of the Broadland District Local Plan revised deposit (including proposed modifications). 20051591 – Brundall Pet & Hardware 11 January 2006