PLANNING COMMITTEE
6 September 2007
07/00410/FUL
ITEM 10
383 - 393 KINGSTON ROAD, EWELL
Demolition of six residential dwellings, No 405 Kingston Road and business premises. Creation of
a mixed use development comprising a retail food store with nine flats above with associated car
parking. (Amended drawings received 22.08.2007). PLANS.
Ewell Court
25 September 2007
Notes
RECOMMENDATION(S):
PERMIT subject to an Agreement under Section 106 of the Town
and Country Planning Act 1990 being first signed requiring:
(a)
A financial contribution of £13, 500 towards public open
space improvement;
(b)
An educational contribution of £71, 606;
(c)
An affordable housing contribution of 2 residential units;
(d)
Travel plan ;
(e)
A contribution of £60,000 towards the upgrading of 3 bus
stops in the vicinity serving the proposed store, and
environmental improvements to the footways along the
shopping frontage on the south side of Kingston Road ;
(f)
To secure agreed highway works including:
•
Improvement of the pedestrian crossing facilities at the
traffic control junction on Kingston Road to form a
pedestrian link between the shops and residential areas
on the northern side of Kingston Road with the shops on
the southern side of Kingston Road and vice versa. (As
shown indicatively on Drawing No A2/07262-003 Rev C.)
•
Highway works to provide access to the site via the
service road and egress via Kingston Road including the
building out of the kerb line in the service road, the
cutting back of the central reservation and the costs of
any waiting restrictions required to facilitate this
process. (All as as shown indicatively on Drawing No
A2/07262-003 Rev C.)
•
White lining as required by the Highway Authority to be
provided in Ruxley Lane to improve right turning
movements across Ruxley Lane.
and subject to the following conditions :
Page 1 of 22
PLANNING COMMITTEE
6 September 2007
1)
07/00410/FUL
The development hereby permitted shall be begun before the
expiration of three years from the date of this permission.
Reason: To comply with Section 91(1) of the Town and
Country Planning Act 1990 as amended by Section 51 (1) of the
Planning and Compulsory Purchase Act 2005.
2)
Prior to the commencement of development, details and
samples of the materials to be used for the external surfaces
of the development shall be submitted to and approved in
writing by the Borough Council. The development shall be
carried out in accordance with the approved details.
Reason: To enable the Borough Council to exercise control
over the type and colour of the materials so as to secure a
satisfactory appearance in the interests of the visual amenities
and character of the locality as required by Policies BE1 and
DC1 of the Epsom and Ewell District Wide Local Plan (May
2000).
3)
The development shall not be occupied until full details of both
hard and soft landscape works have been submitted to and
approved in writing by the Local Planning Authority and the
agreed works carried out as approved. These details shall
include, where appropriate, means of enclosure, car park
surfaces, details of vehicle and pedestrian access and
circulation areas, gates, hard surfacing materials, lighting and
bin and cycle storage.
Reason: In order to ensure a satisfactory form of development
in the interests of visual amenity and the impact of the
development on the surrounding area as required by Policies
DC1, BE1, and BE19 of the Epsom and ewell District-Wide
Local Plan (May 2000).
4)
Prior to the commencement of the development hereby
permitted, a scheme shall be submitted and approved in
writing by the local planning authority detailing the means to
attenuate, control, or contain noise or vibrations associated
with vehicular movements, particularly with regard to the
boundary fence along the boundary with No 381 Kingston
Road.
Reason: In order to safeguard against the emission of noise
and protect the amenities of the occupants of the proposed
development as required by Policy DC4 of the Epsom & Ewell
District-Wide Local Plan (May 2000).
5)
The applicant shall install acoustic treatment along the north
western boundary of number 381 Kingston Road, Upper High
Street immediately after the demolition of numbers 383-393
Kingston Road and before any further construction activities
are commenced.
Page 2 of 22
ITEM 10
PLANNING COMMITTEE
6 September 2007
07/00410/FUL
Reason: In order to safeguard against the emission of noise
and protect the amenities of the occupants of the proposed
development, as required by Policy DC4 of the Epsom & Ewell
District-Wide Local Plan (May 2000).
6)
The developer shall use all reasonable endeavours to obtain
permission from the sports club adjoining the applicant site,
to provide landscaping on the club’s side of the common
boundary in accordance with the indicative planting layout
indicated on Drawing No 01 Rev J (Site and Ground Floor
Plan) dated 03.11.07. Evidence to demonstrate the efforts
made to landscape this area shall be submitted to the Local
Authority prior to occupation of the retail unit.
Reason: In order to ensure a satisfactory form of development
in the interests of visual amenity and the impact of the
development on the surrounding area as required by Policies
DC1, BE1, and BE19 of the Epsom and Ewell District Wide
Local Plan (May 2000).
7)
The retail element of the scheme hereby permitted shall be
used for purposes within Use Class A1 only of the Use Classes
(Amendment ) Order 2005.
Reason: In order to sustain the viability and vitality of the
Town Centre shopping area as required by Policy SH1 of the
Epsom and Ewell District Wide Local Plan (May 2000).
8)
No tobacco products, loose confectionary, magazines or
newspapers, greeting cards, lottery tickets or scratch cards
shall be sold from the retail store at any time, unless otherwise
agreed in writing with the Local Planning Authority.
Reason: To ensure that the nature of the retail store remains
complimentary to the role and function of existing
convenience retailers, and sustains and enhances the vitality
of the Ruxley Lane Secondary Town Centre in accordance with
Policy SH1 of the Epsom and Ewell District Wide Local Plan
(2000).
9)
The store shall at no time include a delicatessen counter, inhouse bakery, fish counter or meat counter from which
products are sold, unless otherwise agreed in writing with the
Local Planning Authority.
Reason: To ensure that the nature of the retail store remains
complimentary to the role and function of existing
convenience retailers, and sustains and enhances the vitality
of the Ruxley Lane Secondary Town Centre in accordance with
Policy SH1 of the Epsom and Ewell District Wide Local Plan
(2000).
10) At least 840m² of the net sales floorspace hereby permitted
must only be used for the sale of convenience goods, toiletries
Page 3 of 22
ITEM 10
PLANNING COMMITTEE
6 September 2007
07/00410/FUL
and non-durable household goods, the majority of which must
be on the ground floor.
Reason: To ensure that the development meets the identified
need in Epsom for a supermarket in accordance with Policies
SH1, SH2 and SH4 of the Epsom and Ewell District Wide Local
Plan (2000).
11) The retail unit shall only be open for trading between the hours
of 08:00 – 20: 00 (Mon –Sat) and 10:00 – 16:00 (Sun).
Reason: To ensure that the proposed development does not
prejudice the enjoyment of neighbouring occupiers of their
properties as required by Policy DC1 of the Epsom and Ewell
District Wide Local Plan (May 2000).
12) No service vehicles may arrive or depart from the retail unit
between the hours of 21:00 - 07:00 (Mon-Sat) and between the
hours of 17:00-07:00 (Sun).
Reason: To prevent service deliveries at night, thereby
protecting the amenity of nearby residential properties and to
reduce the number of large service vehicles in the town during
the busiest peak hours, to comply with Policy MV24 of the
Epsom and Ewell District Wide Local plan (2000).
13) The food store hereby permitted shall be serviced by delivery
vehicles with a maximum length of 13.2m.
Reason: In order that the LPA can be satisfied with the effect
of any such service on the operation of the service yard and
on traffic generation in order that the development should not
prejudice highway safety nor cause inconvenience to other
highway users and to accord with the provisions of policy
MV24 of the Epsom and Ewell District Wide Local Plan (2000).
14) No home delivery service shall be carried out from the
development hereby permitted without the prior consent of the
LPA.
Reason: In order that the LPA can be satisfied with the effect
of any such service on the operation of the service yard and
on traffic generation in order that the development should not
prejudice highway safety nor cause inconvenience to other
highway users and to accord with the provisions of policy
MV24 of the Epsom and Ewell District Wide Local Plan (2000).
15) The level of noise from all fixed plant installed on the site shall
not exceed 35dB Laeq 5minutes between the hours of 2300 0700 and 40 dB Laeq 1hour between 0700 - 2300. All
determinations to be made at the boundary of the nearest
noise sensitive property.
Reason: In order to safeguard against the emission of noise
and protect the amenities of the occupants of the proposed
Page 4 of 22
ITEM 10
PLANNING COMMITTEE
6 September 2007
07/00410/FUL
development as required by Policy DC4 of the Epsom & Ewell
District-Wide Local Plan (May 2000).
16) Prior to the commencement of the development hereby
permitted, a scheme shall be submitted and approved in
writing by the local planning authority detailing the means to
attenuate, control, or contain noise or vibrations associated
with any air conditioning, ventilation or refrigeration
equipment etc, to be installed on the site. Such details shall
include the noise limits imposed by condition 15 above and
will be implemented prior to occupation and/or the
development first being brought into use and maintained
thereafter to the satisfaction of the Local Planning Authority.
Reason: In order to safeguard against the emission of noise
and protect the amenities of the occupants of the proposed
development as required by Policy DC4 of the Epsom & Ewell
District-Wide Local Plan (May 2000).
17) The development shall not be occupied until a service area
and waste management plan has been submitted to and
approved in writing by the Local Planning Authority. The
approved management plan shall be implemented upon the
first occupation the development and thereafter kept in
operation throughout the occupation of any such unit.
Reason: In order that the development should take into
account the need to minimise the dispersal of waste and
facilitate the collection of recyclable waste in accordance with
the provisions of policy DC5 of the Epsom and Ewell District
Wide Local Plan (2000).
18) Before the development hereby permitted is commenced,
details of storage facilities for the collection of refuse and
recyclables shall be submitted to, and approved in writing by,
the Local Planning Authority. The storage facilities shall be
constructed in accordance with the approved details before
the first occupation of the proposed development and
thereafter permanently maintained. All refuse shall be stored in
lidded containers and in a well-ventilated area.
Reason: To secure a satisfactory form of development in the
interests of the amenities of the occupiers of the adjoining
properties as required by Policy DC 1 of Epsom and Ewell
District Wide Local Plan (May 2000).
19) Before the development hereby permitted is first occupied or
brought into use details of any floodlighting, street lighting or
car park lighting shall be submitted to and approved in writing
by the Local Planning Authority. The lighting shall be carried
out in accordance with the approved details and thereafter
permanently retained, unless otherwise agreed in writing by
the local planning authority.
Page 5 of 22
ITEM 10
PLANNING COMMITTEE
6 September 2007
07/00410/FUL
Reason: In order to minimise light pollution in accordance with
Policy DC 4 of Epsom and Ewell District Wide Local Plan (May
2000).
20) Prior to occupation of the retail development hereby approved,
full details of all external signage shall be submitted to and
agreed in writing with the Local Planning Authority prior to
their installation, and installed strictly in accordance with the
approved details.
Reason: In order to ensure a satisfactory form of development
and in the interest of enhancing the street scene, in
accordance with Policies BE22 of the Epsom and Ewell District
Wide Policy Plan (2000).
21) Any external signage permitted may only be illuminated on
store operating days, between the hours of 07:00 and 23:00
(Mon –Sat) and 10:00 and 17:00 (Sun).
Reason: To restrict the illumination of the signs to daily
periods which are acceptable having regard to the proposed
location and to ensure that they do not prejudice the amenity
of neighbouring properties as required by Policy BE22 of the
Epsom and Ewell District Wide Local Plan (May 2000).
22) Service and delivery vehicles shall only enter and exit the
service yard by means of left hand turns off /into the Kingston
Road respectively.
Reason: To ensure that the development does not prejudice
the free flow of traffic and condition of safety on the highway,
nor cause inconvenience to other highway users as required
by Policies MV8 and DC1 of the Epsom and Ewell District Wide
Local Plan (May 2000).
23) The retail area hereby permitted shall not be subdivided at any
time to form separate sales units without the prior permission
of the LPA.
Reason: In order that the LPA can be satisfied that the
development meets the need in Epsom for a supermarket in
accordance with Policies SH1 and SH2 of the Epsom and Ewell
District Wide Local Plan (2000).
24) Before first occupation of the development hereby permitted, a
scheme shall be submitted to the LPA and approved in writing
which makes provision for signage to the surface car park
accessed from Kingston Road. Such signage shall direct
drivers so as to minimise pedestrian/vehicle conflict within the
car park accesses and shall make it clear to drivers that
parking is available to the public as well as store customers.
Notification to this effect shall be given equal prominence to
any notification regarding store customers
Page 6 of 22
ITEM 10
PLANNING COMMITTEE
6 September 2007
07/00410/FUL
Reason: In order that car parking provided within the
development site is efficiently used to the benefit of all town
centre users, in accordance with Policies MV9, MV10 and MV11
of the Epsom and Ewell District Wide Local Plan (May 2000).
25) Prior to occupation of the development, details of a proposal
for the survellience of the store and the car park shall be
submitted to and agreed in writing with the Local Planning
Authority. Once operational the agreed system, or such other
system as may subsequently be agreed in writing, must be
maintained through the life of the development.
Reason: In the interests of safety in accordance with Policy
DC11 of the Epsom and Ewell District Wide Local Plan (May
2000).
26) The parking area shall be made available to the public at all
times, free of charge.
Any changes to the parking
arrangements shall be submitted to the LPA and approved in
writing, prior to implementation.
Reason: In order that car parking provided within the
development site is efficiently used to the benefit of all town
centre users, in accordance with Policies MV9, MV10 of the
Epsom and Ewell District Wide Local Plan (May 2000).
27) Before any other operations are commenced, the proposed
vehicular access to Kingston Road and modified access to
Kingston Road Service Road shall be designed/constructed
and provided with visibility zones in accordance with the
approved plans, all to be permanently maintained to a
specification to be agreed in writing with the Local Planning
Authority and the visibility zones shall be kept permanently
clear of any obstruction.
Reason: In order that the development should not prejudice
highway safety nor cause inconvenience to other highway
users and to accord with the provisions of policy MV24 of the
Epsom and Ewell District Wide Local Plan 2000.
28) The existing residential accesses from the site to Kingston
Road shall be permanently closed and any kerbs, verge,
footway fully reinstated by the applicant, in a manner to be
agreed in writing with the Local Planning Authority and
thereafter maintained as such.
Reason: In order that the development should not prejudice
highway safety nor cause inconvenience to other highway
users and to accord with the provisions of Policy MV24 of the
Epsom and Ewell District Wide Local Plan 2000.
29) No new development shall be occupied until space has been
laid out within the site in accordance with the approved plans
for a maximum of 63 cars and a minimum of 30 cycles to be
parked and for the loading and unloading of one Heavy Goods
Page 7 of 22
ITEM 10
PLANNING COMMITTEE
6 September 2007
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ITEM 10
Vehicle and for vehicles to turn so that they may enter and
leave the site in forward gear. The parking/turning area shall
be used and retained exclusively for its designated use.
Reason: In order that the development should not prejudice
highway safety nor cause inconvenience to other highway
users and to accord with the provisions of policies MV24, MV8
of the Epsom and Ewell District Wide Local Plan 2000.
30) No development shall take place until
Construction Statement, to include details of:
a
Method
of
(a) parking for vehicles of site personnel, operatives and
visitors
(b) loading and unloading of plant and materials
(c) storage of plant and materials
(d) programme of works (including method and phasing of
demolition and construction works, measures for traffic
management)
(e) provision of boundary hoarding; and
(f) facilities for the recycling of materials on site and location
of plant and spoil
has been submitted to and approved in writing by the Local
Planning Authority. Only the approved details shall be
implemented during the construction period.
Reason: In order that the development should not prejudice
highway safety nor cause inconvenience to other highway
users and to accord with the provisions of policy MV24 of the
Epsom and Ewell District Wide Local Plan (2000).
31) Before any of the operations hereby permitted are
commenced, which involve the movement of materials in bulk
to or from the site, facilities shall be provided as may be
agreed with the Local Planning Authority, after consultation
with the County Highway Authority, to prevent the deposition
of extraneous matter on the public highway and shall
thereafter be maintained and used whenever the said
operations are carried out.
Reason: To ensure that the development does not prejudice
the free flow of traffic and condition of safety on the highway
nor cause inconvenience to other highway users as required
by Policies MV8 and DC1 of the Epsom and Ewell District Wide
Local Plan (May 2000).
32) Construction work on the site, audible at the site boundary,
shall be limited to 08:00 – 18:00 on Monday to Friday and 08:00
– 13:00 on Saturdays and at no time on the site on Sundays or
Bank Holidays.
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PLANNING COMMITTEE
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Reason: In order to safeguard against the emission of noise
and protect the amenities of the occupants of the proposed
development as required by Policy DC4 of the Epsom & Ewell
District-Wide Local Plan (May 2000).
33) No burning shall be permitted on site without the prior written
agreement of the Local Planning Authority.
Reason: In order to control smoke pollution which would be
likely to have a detrimental impact on the amenity of the
surrounding properties, contrary to Policy DC4 of the Epsom
and Ewell District Wide Local Plan (2000).
34) The developers shall give at least two weeks notice to Surrey
County Council’s Principal Archaeologist of their intention to
start work on the site, and shall afford access at all reasonable
times to any qualified person nominated by the Local Planning
Authority, so that they shall have the opportunity to observe
any works involving disturbance of the ground, and record any
items of archaeological interest.
Reason: It is possible that minor items or features of
archaeological interest will be disturbed in the course of the
development, and these should be rescued or recorded before
they are lost, as required by policies BE17 and DC1 of the
Epsom and Ewell District Wide Local Plan 2000.
35) Prior to the commencement of the development a detailed
statement of works to promote sustainability both during and
after construction to include a minimum of 10% of the total
energy requirements to be provided from renewable energy
sources shall be submitted to and approved in writing by the
Local Planning Authority. The development shall then be
carried out and maintained in accordance with the approved
details which should include the following:
(a) details of the solar water heating and ground source heat
pump;
(b) details for rainwater collection ;
(c) details for permeable surfacing material used for the
driveway.
Reason: In order to promote sustainable construction in
accordance with Policy CS6 of the Epsom and Ewell Core
Strategy Plan 2007.
Informative(s):
1. This permission is granted on the basis that the development
either meets or does not significantly conflict with the relevant
policies of the Epsom and Ewell District Wide Local Plan 2000,
and does not cause demonstrable harm to interests of
Page 9 of 22
ITEM 10
PLANNING COMMITTEE
6 September 2007
07/00410/FUL
ITEM 10
acknowledged importance. The application was considered
having taken account of all material considerations and all
representations. The specific policies of the Local Plan taken
into account were BE1, BE19, BE17, DC1, DC2, DC4, DC7,
DC11, EMP4 , EMP 10, HSG4, HSG5, HSG11, HSG13, SH1, SH4,
SH6, MV1, MV2, MV8, MV9, MV22, MV25, MV26.
Summary
The application site comprises an area of 0.5 hectares on the western side of the Kingston Road,
partly within the defined Secondary Town Centre area in the Local Plan.
The site is currently occupied by a variety of uses including a car repair garage, a security
equipment company, six semi-detached dwellings and a shop unit with residential accommodation
above.
The proposed development comprises the demolition of all buildings on the site and their
redevelopment to provide a single retail unit with a total gross (ground floor) retail area of 1489m²,
with 9 residential units at first floor level above the foodstore.
A 63 space car park would be provided, serving the intensified use of the site as well as acting as
a car park to visitors of the town centre.
The following impacts are identified as arising from the proposed development:
Retail impact on the town centre
Construction impacts
Increased traffic movement and congestion
Increase in noise levels
The impacts above are considered in more detail within the body of this report. It is considered
that the impacts can be effectively and adequately mitigated against by the use of conditions and
planning obligations.
It is considered that the following benefits can be attributed to the proposed development:
The proposal would be a brownfield development and an opportunity to provide additional
retail facilities in the Ruxley Lane Secondary Town Centre.
The upgrading of an unattractive and untidy site
The development of the proposed store would assist in regaining both convenience and
some comparison trade lost largely to the large out-of-centre stores in and around the
Borough
It would provide a dedicated off street car park for the town centre which would reduce
parking pressures at busy periods
It would provide an anchor at the southern end of the town centre and improve the trading
potential of the town centre.
Employment opportunities for local residents
Environmental and highway improvement contributions, secured by a planning obligation
package
Page 10 of 22
PLANNING COMMITTEE
6 September 2007
07/00410/FUL
ITEM 10
ADDITIONAL INFORMATION
Site and Surroundings
The site is currently occupied by a variety of uses including a car repair garage, a security
equipment company, six semi-detached dwellings and a shop unit with residential accommodation
above.
To the north west of the site, two storey commercial properties (with residential above) forming
part of the Ruxley Lane shopping centre, front the Kingston Road. South east of the site lies
residential development comprising two storey (c1920-1930) semi detached houses.
Current proposal
The application proposes the demolition of all buildings on the site and construction of a retail
store with residential (flat units) above. The building would be sited at right angles to the Kingston
Road and would substantially continue the building line established by the existing shopping
parade.
The building would be of contemporary design with a palette of both contemporary and traditional
materials comprising clay facing brick, self-coloured rendered panels and columns, glazed
balustrading and aluminium-framed shop fronts.
The residential units on the upper floor are incorporated within a tiled mansard roof which is shown
to be “cut back” on the south east elevation (facing the proposed car park) to accommodate a
patio area which would provide amenity space for the occupants.
A retail sales area (1489m² gross/1050m² net, of which 840m² would retail convenience products
and 210m² would retail comparison goods) would be provided at street level. Nine two bedroom
flats would be provided on the upper floor as well as storage space for the foodstore.
Service access to the store would be off the service road to Kingston Road, via a widened
Pinewood Place. Service egress would be off the store car park to the south east, directly into
Kingston Road.
Customer access to the store would be off the service road (via Pinewood Place) as well as off
Ruxley Lane via an existing lane to the rear of the shopping parade. Customer egress would be off
the car park directly into Kingston Road or via Pinewood Place into the service road.
The pedestrian entrance to the store is proposed at the northwest corner of the store, fronting the
Kingston Road. Access to the residential units would be via a dedicated entrance on the opposite
corner of the store.
A 63 space car park is proposed to the rear and south east flank of the store. The car park would
be for the use of the occupants of the flat units, store customers as well as visitors to the town
centre. (Access/egress to the car park is described above.)
Disabled person parking spaces and cycle parking would be provided.
Tree planting and landscaping is proposed along the road frontage of the building and within the
car park itself.
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PLANNING COMMITTEE
6 September 2007
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ITEM 10
Relevant Planning History
06/00595/OUT: Outline application for siting and access for the demolition of existing dwellings
and erection of a retail foodstore and 14 no. 2 bed flats, with associated car parking:
WITHDRAWN
06/ 01312/FUL: Demolition of 6 dwellings, No 405 Kingston Road and business premises.
Creation of a mixed use development comprising a retail foodstore with 9 flats above with
associated car parking and highway works: WITHDRAWN
Planning Policy
Epsom and Ewell District Wide Local Plan 2000
BE1
BE19
BE17
DC1
DC2
DC4
DC7
DC11
EMP4
EMP10
HSG4
HSG5
HSG11
HSG13
SH1
SH4
SH6
MV1
MV2
MV8
MV9
MV22
MV25
MV26
General Policy on the Built Environment
Design of new buildings
Archaeology
General Policy on Development Control
Planning benefits
Pollution
Contaminated land
Design against crime
Shopping Centres
Employment – Retention and improvement of existing land and buildings
Housing Supply
Affordable Housing
Design and Layout of New Development
Retention of existing housing land and buildings
New Development in or Adjacent to Existing Centres
Redevelopment of Shopping Centres Outside Epsom Town Centre
Shopping – Parking and Servicing
Movement – General Policy
Accessibility of Development
Parking standards
Public Off-street Car Parking
Cycle storage
Access
Servicing
LDF Core Strategy Plan May 2007
CS5
CS6
CS9
CS11
CS15
CS16
Built Environment
Sustainable Design
Affordable housing
Employment Provision
Role of Local Centres
Transport and Travel
Surrey Structure Plan 2004
LO3
LO7
LO8
SE2
SE4
Town Centres
Employment Land
Retail development
Renewable Energy
Design and the quality of Development
Page 12 of 22
PLANNING COMMITTEE
6 September 2007
SE5
DN1
DN2
DN3
07/00410/FUL
ITEM 10
Protecting the Heritage
Infrastructure provision
Movement implications of development
Parking provision
Planning Considerations
Previous Application
The previous applications (06/00595/OUT and 06/01312/FUL) were withdrawn following concerns
over some aspects of the proposed scheme that were raised by Officers and local residents. This
application seeks to address the aforementioned concerns.
This application is informed by:a) The application forms and covering letter.
b) Site Location Plan
c) Amended Application Drawings (Received 22/08/2007)
d) Planning Supporting Statement
e) Supplementary Retail Statement.
f)
Transport Assessment and Update Notice
g) Environmental Statement.
h) Design and Access Statement.
i)
Sustainability Statement (Received 22/8/2007)
j)
Energy statement (Received 22/08/2007)
The main issues to be considered in determining this application are:1. The principle of development
2. The impact on the retail vitality and viability of the Town Centre
3. Loss of Employment Sites
4. Loss of Dwellings and Housing Land
5. Traffic, transport, parking, and access issues
6. Design and landscaping
7. Sustainability
8. Amenity issues including noise, pollution, and sunlight/daylight effects
9. Affordable Housing
10. Planning obligations
11. Subsidiary Issues
Page 13 of 22
PLANNING COMMITTEE
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ITEM 10
1. The Principle of Development
The site is previously developed land partly within, and wholly adjacent to, the defined area of the
Ruxley Lane Secondary Town Centre. Its redevelopment is thus appropriate in principle, subject
to other policies of the Local Plan.
The Surrey Structure Plan, The Core Strategy and the Local Plan, as well as national policy,
encourage mixed-use developments in town centres.
2. The Impact on the Retail Vitality and Viability of the Town Centre
It is pertinent to note that the Epsom town centre as well as the secondary town centres has
suffered in the past from the growth of out-of-town stores. Government and local policy now
encourages retail provision within town centres. The key issue which therefore needs to be
considered is the impact of this size of store on the town.
As noted above, the site lies partly within (and wholly adjacent) to the Secondary Town Centre.
Policies SH1 and SH4 permit new retail development in such locations provided that it is of a scale
and character that is appropriate to the Centre, and would sustain or enhance its vitality and
viability.
The applicants' stated aim is "to provide a main anchor food store to serve the Ruxley Lane
Secondary Town Centre.
They have provided supporting material to demonstrate that
convenience retail provision is both quantitatively and qualitatively poor in the Town Centre.
A retail impact assessment has been carried out by the applicants. The purpose of such a study is
to consider the impact that expenditure in the proposed store would have on the Secondary Town
Centre and on other nearby stores, in the light of predicted local growth in population and
expenditure. It should be noted that it is not the aim of national or local planning policy to protect
particular retailers or their interest, but rather to protect the vitality and viability of Town Centres as
a whole.
PPS6 – Town Centres requires that considerable weight should be placed on whether or not there
is a quantitative need (arising from expenditure growth).
In assessing the proposals, the applicants have considered the position in respect of both the
localised and wider catchment for the proposed store. It is considered that the catchment area
(500m walking distance) is realistic and well related to the size and function of the proposed
development.
With regard to consideration of need within the localised area the applicants submit:
In 2007 available expenditure for convenience goods is some £14.1 million.
By 2012 this will increase to some £14.77 million.
Ruxley Lane is the only provider of retail floorspace.
The retail floorspace in the centre is currently some 553m² (net).
The total convenience turnover at £3 500 per m² equates to £1.94 million.
There is a surplus of expenditure of over £12 million within 500m of Ruxley lane.
There is a potentially over 85% leakage of trade to competing retail destinations outside
the catchment area which is unsustainable.
Based on the anticipated turnover of the Aldi store (£3.9million), even when the turnover of
existing floorspace is taken into account, this will still lead to some £8.5 million directly lost
from the immediate catchment.
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With regard to consideration of need within the wider catchment area (10 minute drive time) the
applicants submit:
It is anticipated that 95% of the stores trade will be derived from this area.
In 2007 available expenditure for convenience goods is some £200.33 million.
By 2012 this will increase to some £217.96 million.
This is 4.5 times the anticipated turnover of the proposed store
The 210m² floorspace proposed for the retailing of comparison will not have a material
impact on the potential capacity for additional comparison goods floorspace within both
catchment areas:
In 2007 available expenditure for comparison goods in the localised catchment is
£30.4million
In 2012 available expenditure for comparison goods in the localised catchment will
increase to £39.8million
In 2007 available expenditure for comparison goods in the wider catchment is
£439.7million
In 2012 available expenditure for comparison goods in the localised catchment will
increase to £590.9million
If 30% leakage of trade is assumed, even with the turnover of the proposed Aldi, there will
be a residual within the catchment of some £65.4 million convenience goods expenditure
The applicants submit that the above analysis indicates that there is clear capacity for the
additional floorspace proposed. They submit that there is compelling justification that the proposed
store would be necessary to augment and enhance the retail offer within Ruxley Lane in order to
prevent continued and sustained leakage of trade from both catchment areas. They conclude, and
I concur, that there is therefore a strong quantitative and qualitative need for the comparison
element of the proposal in accordance with the requirements of PPS6.
This is not to deny that the provision of a store of this size will have an effect upon the trading
pattern of the town centre. Whilst individual units are likely to be affected, PPS6 is clear that the
key consideration is the vitality and viability of centres as a whole, rather than individual retailers
within those centres.
The applicants submit that for the existing retailers within the secondary town centre, trade
diversion to the proposed store, for convenience goods, would be in the order of 2%.
The applicants submit that the proposed Aldi comparison range is unique. They state that
compared to the major supermarket chains, Aldi stock some 850 lines (compared to 30,000 lines),
they stock a limited range of fresh produce, they do not sell branded lines, newspapers,
magazines, cigarettes loose confectionary or lottery tickets.
I am therefore of the opinion that the proposed store would not detract from existing comparison
retailers and will in fact create opportunities for greater levels of linkage with both existing uses
and future comparison retailers.
The applicants suggest that should 1 in 20 trips to the proposed store also involve a linked trip,
and that during each linked trip an average of £5 is spent, this will equate to some £500,000 in
spin off trade, as a direct result of the introduction of the Aldi store.
I concur that there is a genuine expectation that linked trips will occur as the site incorporates a car
park which will be available for all visitors to the centre whether they choose to shop at Aldi or not.
Furthermore access to public transport is good and the store is within walking distance of some
3,500 dwellings.
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Overall, it is considered that the potential for spin off trade more than offsets the potential
(negligible) trade diversion.
The application is for an A1 retail store which could sell a wide range of food or non-food goods
unless limited by planning condition. Whilst the single floor layout does not lend itself naturally to a
split between different types of items, supermarket operators are now making an increasing
proportion of their turnover from comparison goods sales. If the principle of such a store is
accepted, it is suggested that a condition be imposed to ensure that the majority of the floorspace
is devoted to food and allied goods.
PPS6 requires that a Sequential Approach be undertaken in order to select the most appropriate
site. The applicants state that Epsom Town centre and all centres within the catchment area have
been searched and no more suitable, viable and available sites were identified. They conclude
therefore that the application site is appropriate considering that it is partly within the Secondary
Town Centre and I support their conclusion.
3. Loss of Employment Sites
The site contains a number of small businesses including a specialist car repair garage and a
security equipment company. Local Plan policy EMP10 seeks to retain suitably located
commercial buildings, including offices. The proposed scheme would however compensate for the
loss of the employment sites by the creation of some 15 jobs and would more than likely employ
local labour. Policy EMP4 (iii) states that within shopping centres, proposals for development will
be accepted provided that it does not result in the loss of uses that contribute to the vitality and
viability of the centre.
On balance it is considered that the benefits of the proposed mixed use development would
compensate for the loss of employment sites and would enhance the vitality and viability of the
town centre.
4. Loss of Dwellings and Housing Land
Policy HSG13 does not permit the redevelopment of existing dwellings and housing land for other
uses unless if agreed by the Borough as being appropriate as part of a comprehensive scheme, at
least the equivalent number of replacement dwellings will be required.
The proposal will result in the loss of 6 semi-detached dwellings and their replacement with 9 two
bedroom flat units which is considered acceptable.
5. Traffic, Access, Parking, Transport and Accessibility
Traffic Impact
Traffic assessments have been the subject of discussion between Surrey County Council (the
Highway Authority) and the applicant. The impact on the local highway network has been
considered, with particular attention to the Ruxley Lane/Kingston Road junction.
The Transport Assessment submitted by the applicants’ consultants indicates that the
development would not have a significant impact on the local highway network or on the Ruxley
Lane junction.
Various highway works are proposed comprising the improvement of the service road (including
kerb build out and widening of the entrance off Kingston Road), a new pedestrian crossing across
the Kingston Road and revised road markings on Ruxley Lane to assist right turns out of the
service road.
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The improvements to the service road would result in the loss of seven parking spaces but this
would be compensated for by the proposed car park.
Vehicle Access
The proposed development will be served primarily by an access from the service road on
Kingston Road with an additional (secondary) access off Ruxley Lane. The access to Kingston
Road will utilise Pinewood Place, which will be widened with the removal of No 405 Kingston
Road. This access will be a two way road and will serve the customer car park along with the
existing private garages at the rear of the site.
Following further discussions with Highways, the applicants submitted a revised highway layout
drawing indicating an additional egress from the store car park. This additional egress will be used
by vehicles exiting the site to use Kingston Road in the northbound direction and service traffic will
also use this exit.
Road markings on Ruxley Lane are proposed to be amended to accommodate right turning out of
the service road into Ruxley Lane. Conditions are proposed to control servicing hours.
Green Travel Plan
The applicants have submitted Heads of Terms relating to a Travel Plan for staff and for
customers of the proposed supermarket. The purpose of the Travel Plan would be to reduce car
dependency for journeys to and from the site both by employees and customers. The Travel Plan
contains practical and enforceable proposals to secure the implementation of various measures to
reduce dependence on private car travel and to encourage other modes such as public transport,
cycling and walking. The implementation of the Travel Plan would be secured through a Section
106 legal agreement.
Accessibility
The question of accessibility of the current scheme needs to be assessed in the light of the scale
and purpose of the proposal.
The large weekly grocery shop is typically carried out by car, or using a home delivery service.
Therefore it is accepted that any new food store of a reasonable size needs to include car parking
and will attract a high proportion of trips by car. However, Local, County and National Policy all
seek to promote the location of facilities where they can be accessed easily by modes of travel
other than the private car. Typically town centres offer the most accessible locations. But even
within town centres, a new large food store needs to be designed and located where it offers easy
access to those on foot, travelling by bike, bus or taxi for example.
The site is located partly within and wholly adjacent to the town centre. Bus stops are located
close to the site on Kingston Road and Ruxley Lane. Collectively, bus services on Ruxley Lane
and Kingston Road provide 5 buses per hour in each direction, connecting to Kingston and
Epsom. Stoneleigh Station is within 2km of the site.
In the vicinity of the site existing formal pedestrian crossings provide good access to and from the
development. The proposals include the provision of upgraded pedestrian facilities at the Kingston
Road/Ruxley Lane junction which increase the ease of walking within the shopping area. This
would encourage linked trips across Kingston Road and help to maintain the vitality of the centre.
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The store’s customer access would be located on the Kingston Road frontage of the new building.
The design is arguably equally convenient for both car users and pedestrians. This is likely to
positively affect the perceptions of pedestrians who are already in the town centre and their
propensity to make linked trips.
The proposal makes provision for cycle parking adjacent to the store entrance which is considered
to be acceptable.
Parking
Car parking provision of 63 spaces in a car park to the flank and rear of the development is
proposed. The proposal would require a proposed kerb build out in the Kingston Road service
road, with the loss of 7 spaces, giving a net gain in parking spaces in this part of town of 56. The
provision of 63 spaces accords with the Boroughs Parking standards.
The free car park which would serve both the proposed use of the site, and also act as a car park
for all visitors to the town centre, will be managed by the supermarket operator. The car park
would be ideally located directly behind existing retailers and will be linked by pedestrian footways
to the existing pedestrian network.
It is important for the health of the town centre overall that the proposed car park is not in the
future priced or operated for the exclusive use of the store.
It is therefore proposed to secure the free public use of the car park (and its management) by
condition.
6. Design
The building would be sited at right angles to the Kingston Road and would substantially continue
the building line established by the existing shopping parade.
The building would be of contemporary design with a palette of both contemporary and traditional
materials comprising clay facing brick, self-coloured rendered panels and columns glazed
balustrading and aluminium- framed shop fronts.
The residential units on the upper floor are incorporated within a tiled mansard roof which is shown
to be “cut back” on the south east elevation (facing the proposed car park) to accommodate a
patio area which would provide amenity space for the occupants.
The Kingston Road frontage has been articulated by means of rendered piers to break up the
elevation into full height glazed shopfront bays, whilst the flank elevation is similarly articulated
with recessed patterned brickwork bays.
Policy BE19 defines the scale and height of new buildings. The current scheme is shown to be the
same height as the adjacent retail buildings and relates well to the adjacent residential dwellings to
the south east. Overall it is considered that the proposed building is of acceptable design, scale
and massing and would have a positive impact on both the streetscape and character of the
surrounding area.
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Landscaping
There has been a welcome attempt to make provision for some tree planting/landscaping on the
pavement area to the front of the store, and other trees/landscaping along the flank and rear
boundaries of the site. High quality paving slabs are proposed to be used at the store entrance
and the pedestrian walkway.
New trees and shrubs are shown at the entrance to the new car park which would help to create a
visual separation between the existing retail district and the adjacent residential area.
7. Sustainability
The applicants have submitted a detailed Sustainability Statement as well as an Energy Statement
in support of their application.
The Sustainability Statement incorporates both a BREEAM Retail Pre-Assessment and a Code for
Sustainable Homes Pre-Assessment Estimator.
The Code for Sustainable Homes Pre-Assessment Estimator demonstates that the residential
element scores a high level “3” overall.
In respect of the BREEAM Retail Pre-Assessment, the development is shown to score 74% which
equates to an “excellent”.
The Energy Statement demonstrates that the proposals are expected to generate over 10% of its
energy demand through the use of renewable technologies. In this regard solar water heating is
proposed for the residential element and ground source heat pumps will supply heat energy to the
retail store.
It is considered that the proposal incorporates significant measures that will deliver a fully
sustainable scheme that meets emerging policy within the South East Plan, the Surrey Structure
Plan 2004 and the Borough’s Core strategy Plan 2007.
It is also highly relevant that many car journeys are made by local residents to food retail stores
outside the catchment area. The proposed retail store would offer the option for these journeys to
be significantly reduced. Given the lifetime of the store this would arguably be the most significant
environmental benefit of the development.
8. Amenity Issues
Noise
The main sources of noise audible outside the development would be from plant serving the store,
vehicle servicing and loading/unloading, and generally increased activity, including private vehicles
using the car park.
Noise during the construction period would be controlled through a condition requiring a Method of
Construction statement, and through Environmental Health legislation. It is considered that noise
from plant can be controlled by suitable planning conditions.
The Kingston Road is a designated “A” road and significant vehicle movements can be expected
throughout the day and night under current circumstances. The covered service access ramp is
roofed and enclosed on three sides and the applicant’s state that delivery unloading time is
approximately 30 minutes. Officers are therefore satisfied that, subject to suitable conditions,
activity within the service yard would not impact detrimentally on nearby residential properties. A
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condition is also recommended to control the hours during which vehicles may make deliveries to
the site to minimise the additional impact.
There would be an increase in pedestrian and vehicular activity in the immediate area as a result
of the proposal. The proposed car park would abut the flank boundary to the dwelling at No 381
Kingston Road.
A 2m wide landscaped “buffer zone” is indicated along this flank boundary. There would inevitably
be a noise impact upon this property. It is proposed to safeguard the amenity of this property by
requiring the submission of details of an acoustic fence to be erected along the common flank
boundary. Furthermore, in order to mitigate the impact at what might generally be considered to be
quieter times of day it is proposed to impose conditions limiting the store opening times to 8am 8pm Monday to Saturday and 10am – 4pm on Sundays.
Restrictions on service delivery times are also proposed to be imposed.
Overlooking and Overbearing Effects
To the south east of the proposal, (towards No 381 Kingston Road) the separation distance (19m)
between the building and the residential properties are considered adequate to avoid overlooking.
The upper floor south east elevation would contain three windows which are indicated to be
obscurely glazed. The patio area which would serve the residential units is shown to have an
obscurely glazed balustrade which is setback 3m from the edge of the building which would
prevent the occupants of No 381 being overlooked by residents utilising the patio area.
The upper floor northwest elevation of the store is setback between 2.4m and 5.4m from the flank
wall of the adjacent flat unit above the retail unit at No 395 Kingston Road. Whilst there would be
no windows in the upper floor north west flank elevation of the store, a window serving a kitchen in
No 395 would potentially be affected in terms of outlook. In view of the fact that the affected
window is a secondary window, this is considered to be acceptable in terms of any overbearing
impact.
Overall, I consider that the proposed building would not be overbearing in its relationship to
neighbouring residential properties,
Light Pollution
The site's location in an urban area must be taken into account. While it would not be unusual for
a shop to retain some lighting while the store is closed, for security purposes, and it would be
unreasonable to prevent this, it would be reasonable to minimise light spillage from the car park
while this is not in use, and a condition to this effect is recommended.
Air Pollution
Demolition and construction will give rise to temporary air pollution from dust which can be
controlled through suitable planning conditions and Environmental Health legislation.
9. Affordable housing
The development will, assist in the provision of dwellings suitable for single people, young couples
and newly forming households in line with the requirements of HSG4 (II).
In terms of Core Strategy Policy CS9 an affordable housing provision of 20% is required for
developments of between five and fourteen units. The applicant has agreed to provide two
affordable residential units.
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10. Planning Obligations
The following contributions are considered necessary to mitigate the impact of the proposal and to
provide for the necessary infrastructure. They would be secured through a Section 106/Section
278 agreement.
Contribution towards the upgrading of three bus stops and environmental
improvements : £60 000
Highway works
Affordable Housing: 2 units.
Education contribution: £ 71 606
Contribution towards open space maintenance: £13 500
Travel Plan
11. Other Issues
Disabled Access
The scheme does not provide lift access to the upper floor residential units. The applicants state
that for a development of the modest scale proposed, such a facility is rarely provided. They
maintain that Local and Core Strategy policies place no specific requirement for a lift and that
current building regulations stipulate that only developments of over 3 storeys should provide such
a facility. They submit that the flats will however, provide access for ambulant disabled to current
DDA standards and on balance I consider that this would not be a robust reason for refusal.
Conclusions
I consider that the proposed redevelopment of the No’s 383-393 Kingston Road to provide a mixed
use retail and residential development would be acceptable in planning terms. There is a defined
need for an anchor food store within the Ruxley Lane Secondary Town Centre and the application
has been supported by a Retail Impact Assessment. The conclusions contained within this
document are supported by Officers. The proposed mixed use scheme would result in the
extension and enhancement of the secondary town centre which will strengthen the overall retail
offer within the centre. The ability to retain a greater degree of trade within the localised area and
the propensity for linked trips will provide spin off benefits to the centre as a whole. I am of the
opinion that the proposed development would enhance the overall vitality and viability of the Town
Centre.
Consultations
Community Consultation
Letters dated 26th July 2007 sent to 343 local addresses, site notices at various locations around
the site and newspaper advertisements in The Sutton Guardian.
In excess of 700 responses have been received at the time of writing. These comprise 6 letters of
support and 694 letters of objection.
The issues raised by the consultations (addressed in the body of the main report, or discussed
individually below) are summarised as follows:
Local shops provide a personal service (Officer Comment: The store will
compliment existing retailers. Aldi would not stock newspapers cigarettes and loose
confectionary)
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The Ward has the largest number of elderly people in the Borough and they rely
heavily on existing shops. (Comment: The store will complement existing retailers
and would reduce the need to travel elsewhere for their main shopping needs.
Another store would adversely affect existing retailers.
Sufficient provision within two miles. (Comment: There is not sufficient provision
within two miles. The provision of a foodstore within easy walking distance is
encouraged by PPS6. The proposal will reduce the need to travel by car to
undertake main shopping trips)
Contravenes PP6 (Comment: The proposals are entirely in accordance with PPS3
and PPS6 which seek the provision of mixed developments in central urban
locations)
Access is unacceptable.
The development will compromise highway and pedestrian safety. (Comment: The
proposals include improvements to the local highway and pedestrian network,
matters which have been agreed with the Highway Authority)
Loss of car parking
The scheme is poorly conceived and of no benefit to the local community.
Out of character
Overshadowing and loss of privacy
Increased noise and air pollution
Statutory and Other External Consultation
Surrey County Council Strategic Planning: No objection in principle. Loss of employment land is
not significant. Financial contribution towards education should be negotiated. The submission
should commit the developer to the provision of a number of energy efficient measures.
Highways: Conditions to be imposed on any permission granted
Surrey County Council (Archaeological Officer): No Comment
Epsom Protection Society: No comment
Epsom & Ewell Local Agenda 21 Transport Group: Support the scheme and state that the store
would encourage local residents to make shopping trips on foot or bicycle.
Internal Consultations
Design and Conservation Officer- Comments incorporated within report
Policy: No objection in principle.
Contact: John Robinson
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