TOWN AND COUNTRY PLANNING ACT 1990
TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995
In pursuance of the powers exercised by it as District Planning Authority this Council, DOES
HEREBY GIVE NOTICE of its decision to REFUSE PERMISSION for the development detailed
below.
APPLICATION NO: F/COL/03/0730
APPLICATION DATE:
29th April 2003
PROPOSAL:
Demolition of existing service station, sales building and provision of a new
convenience store and residential units - Resubmission of COL/02/1563
LOCATION:
280 Maldon Road, Colchester, Essex, CO3 3BN
APPLICANT:
Manhattan Corporation C/o Agent
1. Policy TCS1 of the Colchester Borough Local Plan 2nd Deposit Draft adopts a sequential
approach to the consideration of proposals for new retail development, however Policy
TCS2a indicates that small stores, which primarily serve a local walk in the catchment area,
will be permitted in the urban area where they are widely accessible to the local catchment
population and would not prejudice the vitality and viability of a defined shopping centre.
Policy B/S1 of the Adopted Review Colchester Borough Local Plan and 2nd Deposit Draft
Policies DC1 and TCS11 also presume against retail proposals which would adversely affect
defined Local Shopping Centres.
The Council does not consider that the proposal constitutes a smaller store as envisaged by
Policy TCS2a in the Colchester Borough Local Plan 2nd Deposit Draft. At 383 sq.m. it
exceeds by some margin the size anticipated for such stores (300 sq. metres). With
reference to the proposed modification to TCS2a to delete the 300m2 threshold and replace
it with a small store based on function, role and catchment it is considered that the proposal
does not constitute a small store. This is because it would have a larger catchment area
than envisaged by the policy and be unlikely to primarily serve a local walk in catchment
area. By reason of its location between two main roads leading into Colchester town centre
and its occupation by the Country's leading retailer the store is bound to serve a wider role
than anticipated for smaller stores by the emerging local plan.
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Need for the store has not been adequately demonstrated. In particular insufficient evidence
has been submitted to indicate that there is a shortfall in day to day convenience provision in
the area. Nor has a convincing argument been made on the grounds of encouraging more
sustainable patterns of development.
The proposal is likely to lead to a significant diversion of trade from the existing anchor retail
stores at the two nearby local shopping centres at Prettygate/The Commons and Shrub End,
thereby compromising the vitality and viability of these two centres. The implications would
be increased further if the current proposal is considered cumulatively with other "pipeline"
schemes.
The proposal is consequently considered unacceptable in retail policy terms and is contrary
to the provisions of the Development Plan.
2. Policies in the Adopted Review Colchester Borough Local Plan and Colchester Borough
Local Plan 2nd Deposit Draft seek to protect existing residents from development where
either it, or activities associated with it, including vehicular noise, would unduly affect their
amenities.
The application site lies within a predominantly residential area and is surrounded on all
sides by residential development. The Council has successfully resisted proposals for open
early/close late commercial operations on this site.
This application proposes a busy retail use intending to operate from 06.00hrs to midnight
daily with the likelihood of early morning and late night servicing. These hours are considered
excessive and unacceptable given the close proximity to residential property whose
occupants are likely to suffer from an unreasonable degree of noise disturbance.
Potential detriment to residential amenity is particularly highlighted by the extremely close
proximity of the proposed open space service yard to existing dwellings at Rayleigh
Mansions.
The proposed development, if permitted, would prove unduly detrimental to the residential
amenities of neighbouring occupiers contrary to Policies B/ENV1, B/ENV48 and H18 of the
Adopted Review Colchester Borough Local Plan and Policies DC1, UEA12 and P1 of the
Colchester Borough Local Plan 2nd Deposit Draft.
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3. Policy B/ENV1 in the Adopted Review Colchester Borough Local Plan and Policy UEA 12 in
the Colchester Borough Local Plan 2nd Deposit Draft set out various design principles for
new development including criterion (f) requiring that the design and layout of buildings
should ensure that the amenity of adjacent property is not unreasonably affected. The
proposed development, by reason of its footprint and height on the Maldon Road boundary,
would give rise to a loss of amenity to the adjoining residential property at 278A Maldon
Road. More specifically, the proposed development would result in a material reduction in
daylight and outlook to habitable rooms lit by windows on the flank elevation. This would be
contrary to the abovementioned policies.
Date: 24th November 2003
Signed:
Nicola George, Head of Planning and Protection
In determining this application the Council has taken into account the following policies:
Approved Review Borough Local Plan.
B/S1 - New shopping development
B/T3 - Road Hierarchy
B/T8 - Car parking for new development
B/T15 - Cycling facilities
B/ENV1 - Non-residential design
B/ENV32 -Development should retain landscape features.
B/ENV48 - Pollution
B/ENV54 - Economy of land use.
B/H18 - Presumption against non-residential development in predominantly residential areas.
Colchester Borough Local Plan -2nd Deposit Draft.
DC1 - Development Control considerations
UEA12, 13 & 14 - Design
P1 - Pollution
T2 - Cycle parking requirements
T10 - Car parking (outside central Colchester)
TCS1 - Protecting the vitality and viability of Colchester Town Centre
TCS2a - Major food stores
TCS11 - Rural, district and local shopping centres.
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Essex Structure Plan.
CS2 - Protecting the Natural and Built Environment
CS3 - Encouraging Economic Success
BE1 - Urban intensification
BE6 - Polluting, hazardous or noisy development
TCR1 - Strategic hierarchy of urban centres
TCR2 - Retail and town centre redevelopment - The Sequential Approach
T6 - Walking and cycling.
T12 - Vehicle parking.
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