Planning Committee
AREA
West
PARISH
Sprowston
1
APPLICATION NO:
20051190
TG REF:
LOCATION OF SITE
Tesco Store, Blue Boar Lane, Sprowston
DESCRIPTION OF
DEVELOPMENT
(1) Amendment to Condition 12 of application 20042033 to
read “the extension to the store hereby approved shall
not be occupied and operational after 21st January 2006
unless the re-alignment of Blue Boar Lane, approved
under application 20020005, has been substantially
constructed and open to through traffic. The petrol filling
station and car wash shall not be occupied and
operational until the re-alignment of Blue Boar Lane,
approved under application 20050005, has been
substantially complete and open to through traffic.
Associated highway works”.
(2) Amendment to Condition 7 of application 20042033 to
read “the development hereby permitted shall not be
carried out otherwise than in accordance with the
following plans:
Proposed Site Layout – 6241/P15 Rev G
Proposed Elevations – 6241/P17 Rev D”.
The location of the development revised in the description
from “land adjoining Tesco Stores Ltd, Blue Boar Lane,
Sprowston” to “Tesco Store, Blue Boar Lane, Sprowston”.
APPLICANT
Tesco Store Ltd, c/o agent
AGENT
Cushman & Wakefield, Healy & Baker, 43-45 Portman
Square, London, W1A 3BG
Date Received: 9 August 2005
8 Week Expiry Date: 4 October 2005
1
THE PROPOSAL
1.1
The application as originally submitted sought consent to vary condition 12 of
planning permission 20042033 to permit temporary highway works to allow the
extended store, petrol filling station and car wash to trade for up to 8 months
prior to the connection of the Blue Boar Lane diversion with Wroxham Road.
1.2
The original application has been amended to include a revised description of
the variation to condition 12 and also to include a variation to Condition 7 of
planning permission ref no 20042033.
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
1.3
Condition 12 stated that:
“The petrol filling station, car wash and extension hereby approved shall not
be occupied and operational until the realignment of Blue Boar Lane,
approved under application 20020005, has been substantially constructed and
open to through traffic.”
Consent is now sought to allow the extension to the store to open before the
Blue Boar Lane diversion is open to through traffic.
1.4
Additional supporting information has been submitted by the applicant to
explain the purpose of the application. During construction of the new road it
became evident that it would be necessary to divert an intermediate pressure
gas main running parallel to Wroxham Road, before the diversion can be
completed.
1.5
The applicants explain that Transco have now commenced work to divert the
gas main. The application therefore seeks a variation of Condition 12 to allow
the store to trade before the diversion is complete but for no longer than 21
January 2006 (although the applicant is hopeful that the road diversion will be
completed before this date).
1.6
The extension to the store permitted under application 20042033 is nearing
completion and Tesco’s wish to open as soon as possible. Therefore, pending
the completion of the link Tesco’s are proposing to construct a temporary mini
roundabout in Blue Boar Lane. The purpose of the mini roundabout is to allow
for a better flow of traffic on all legs of the junction and has been designed to
accommodate Tesco’s articulated servicing lorries. Buses and recycling
lorries will be able to satisfactorily manoeuvre around the roundabout. An
independent traffic assessment of the scheme accompanies the application.
1.7
The additional supporting information states that Tesco are prepared to issue
a directive to all Tesco delivery lorries to require that they do not use the
western stretch of Blue Boar Lane between the proposed mini roundabout and
Wroxham Road and instead approach/depart from the site from/to the east
during the temporary period, if consent is granted, before the Blue Boar Lane
diversion is completed.
1.8
The applicants have confirmed that they are not seeking to open the petrol
filling station or car wash before the Blue Boar Lane diversion is complete.
1.9
Tesco want to ensure that the diverted Blue Boar Lane is completed as soon
as is possible so that both developments (the road and the store alterations)
can be fully completed and operational. Tesco’s Development Director has
confirmed in writing Tesco’s commitment to completing the road. This letter
also confirms that Tesco are contractually obligated via a Section 278
Agreement to Norfolk County Council to complete the road.
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
1.10
Tesco’s have provided details of the original and revised programme for the
completion of the works as follows:
Original Programme:

Blue Boar Lane diversion complete – Mid October 2005

Tesco extension works complete – late October 2005

Extended store, petrol filling station and car wash open – late October
2005
Revised Programme:

Transco commenced works on site to divert gas main – 26 September
2005 (approx.4 week construction period)

BT rebuild manhole – start late October/early November 2005

Final connection of Blue Boar Lane diversion and Wroxham Road –
December 2005/January 2006
1.11
Tesco’s have explained that the Transport Assessment assumes that the
petrol filling station and car wash will be open for trade (which is not now
proposed until the Blue Boar Lane diversion is complete) and also takes into
account traffic from the permitted Home Farm development. Tesco’s state
that by the time the temporary roundabout arrangements come into operation,
the car park and almost all of the Blue Boar Lane diversion will have been
completed. This means that the supporting infrastructure such as cycleways,
footways, but stops, bus shelters and the Toucan crossing off Blue Boar Lane
will be in place.
1.12
This application also seeks consent to vary Condition 7 of planning permission
20042033 to allow working amendments to the approved extension.
Originally, these working amendments were submitted in application ref no
20050983. The proposed amendments are minor changes to the
configuration of the dot.com delivery service yard in order to accommodate an
enclosed cage marshalling area; a low level canopy on the northwest elevation
of the store extension in place of the approved high-level canopy. Other
working amendments are as follows:

Vehicular circulation markings on car park roads

Minor amendments to car park layout

Disabled parking layout amended
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee

Pick-up point relocated

Recycling centre re-orientated

Car wash relocated away from existing water main

Railings and stairs updated

Minor changes to elevations as a result of the above changes
1.13
Lastly, Tesco has submitted a petition collected at the store for customers to
sign which received 1,320 signatures.
2
CONSULTATIONS
2.1
Sprowston Parish Council:
No objection to the proposed highway measures but is strongly opposed to
any variation of Condition 12 of planning permission 04/2003 to allow the
extension to Tesco Stores or the provision of a new petrol filling station to
become operational before the completion of the permanent highway
improvements.
The Parish Council has received numerous representations from residents of
Blue Boar Lane concerned about the impact that approval of this application
would have on traffic volumes using this road and the effect on the quality of
life of residents albeit for even a short period of time.
Comments on amended plans:
The Parish Council remains strongly opposed to any variation of condition 12
of planning permission 20042033 on the grounds that any increased road
usage in the run up to Christmas would cause acute traffic congestion in an
already busy area, particularly at the traffic lights at the Wroxham Road/Blue
Boar Lane junction where the road is not wide enough to accommodate large
vehicles side by side effectively reducing the road to one lane. Furthermore,
this would have an adverse effect on any public transport usage both from the
Park and Ride and other bus operators in the Sprowston area during an
especially hectic period.
2.2
Highway Authority:
It is my understanding that the temporary highway arrangements will only be in
place for 3 months.
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
Discussions have taken place both with the applicant’s highway consultant
and the Transport Research Laboratory since it has been brought to my notice
that problems have been experienced with the Arcady mini roundabout
programme. It is now accepted that the mini roundabout will not impede,
unduly, through traffic on Blue Boar Lane. Therefore, the holding highway
objection is withdrawn.
The signalised junction of Wroxham Road and Blue Boar Lane has been
assessed independently of the mini roundabout. The base model,
incorporating short right turn lanes, appears to reflect average conditions at
the junction. The future model indicates an increase of 4 vehicles making the
right turn into Blue Boar Lane from Wroxham Road. This queue could block
back and affect the ahead land since there is insufficient carriageway width
available for wider vehicles, especially buses, to queue side by side.
Obstruction of the ahead lane will cause delay to Park and Ride services.
There will be increased queuing for right turns into Wroxham Road from Blue
Boar Lane and this will impact upon left turning traffic, including bus services
16, 21 and 22.
If your Council is minded to grant consent, it is essential that the integrity of
the Park and Ride service is maintained otherwise ridership will suffer. The
adverse impact upon the operation of this service can be mitigated by the
provision of an additional bus to maintain the frequency. Therefore, the
applicant must fund the additional vehicle from the day the expanded store
opens for trading until the new link from Blue Boar Lane to Wroxham Road is
opened. The cost of the additional vehicle is £310 per day.
Comments on amendments:
I note that it is no longer intended that the petrol filling station and car wash
shall open until the new link to Wroxham Road is open to traffic, in deference
to affected residents. Furthermore, marketing of the expanded store will not
take place until the new link is in place. The reasoning appears to be aimed at
minimising inconvenience especially to those frontagers of the new cul-de-sac,
for the duration of the temporary works. Nevertheless, there will be some
additional burden upon the highway network as detailed in the above
comments.
The statement made in the first paragraph of page 4 of Cushman &
Wakefields letter of 3rd October 2005 relating to the Home Farm development
is incorrect. The traffic flows for Home Farm no longer feature in the
calculations.
The highway consultant for Tesco has advised that if consent for the
temporary situation is granted, the applicant will fund the additional Park and
Ride bus from the opening of the store extension until the new road link is
opened. Since time would appear to be critical, I am prepared to accept a
written undertaking from the applicant, in lieu of an agreement, that all costs
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
associated with the operation of the additional bus will be reimbursed. This
letter must be in the possession of the Highway Authority before the consent
notice is issued.
2.3
Environment Agency:
No objection.
No objection to proposed amendments.
2.4
Campaign to Protect Rural England
Object. The condition was made for good reason. The proposals will increase
traffic which will make the present situation far worse.
Object to proposed amendments.
3
PUBLICITY
3.1
Site notice:
Expiry date 8 September 2005
3.2
Neighbour notification:
74, 76, The Blue Boar PH, 261, 14, 15, 16, 17, 18, 34, 36, 38, 44, 46, 48, 50,
52, 54, 2, 4, 6, 8, 9, 10, 11, 12, 70, 72, 74, 76, 78, 19, 20, 22, 24, 26, 28, 30,
32, 56, 58, 60, 62, 64, 66 and 68 Blue Boar Lane; 234, 236, 238, 281, 283,
395, 297, 299, 301, 303, 305, 307, 309, 258,260, 275, 240 Wroxham Road; 2,
4, 11, 12, 13, 14, 15, 16, 17, 18, 19, 30, 32, 34, 36, 38, 40, 42, 44, 7, 8, 9, 10,
20, 21, 22, 23, 24, 25, 26, 28 Chenery Drive, 93 Linacre Drive, 43 Saint Mary’s
Grove, 14, 16, 18, 20, 22, 2, 4, 6, 8, 10 and 12 Inman Road:
Expiry date 9 September 2005
297A Wroxham Road:
Expiry date 18 October 2005.
Consultation on amendments:
Expiry date 18 October 2005.
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
4
REPRESENTATIONS
4.1
Mrs M Fountain, 30 Blue Boar Lane:
The application is unacceptable on the grounds that by not complying with
Condition 12 it contravenes the consent of the planning permission and fails
on this point alone. In addition, current traffic is problematic to residents. The
increase in traffic is totally unacceptable. Highway alterations would transfer
vehicular access problems on to Blue Boar Lane residents in terms of access
difficulties and increases in noise and traffic.
4.2
Mr P Rainbow, 34 Blue Boar Lane:
Objects on the grounds that:
1. The original condition was included and therefore assumed needed.
2. Traffic and congestion has been much heavier since building work and
opening new parts of the store will make this worse and more dangerous.
3. This seems to be a decision based on Tesco’s profits rather than the
effects on the local community.
4.3
Ms S J Marshall and Mr R S Minns, 26 Blue Boar Lane:
Concerned about overriding/ignoring the most important condition. Blue Boar
Lane is already overburdened with traffic and will become considerably worse
if the realignment does not take place. We are unable to open windows on a
hot night due to traffic noise and dirt and dust is very noticeable. Experience
difficulties trying to leave the driveway which will become even more difficult
with continuous traffic flow.
4.4
K E Green, 6 Blue Boar Lane:
For the last ten years we have endured an ever increasing number of cars and
heavy vehicles passing our home. The worst offenders over night are the
Tesco delivery lorries. Tesco’s should not benefit whilst we have to suffer the
inevitable increase in traffic. If this application is approved and Tesco complete
their development, what incentive is there for them to complete the remaining
part of the road. In our opinion Condition 12 should be enforced rigidly.
4.5
M J & R McKechnie, 11 Blue Boar Lane:
A fundamental planning agreement for the new Tesco development was that:
a)
the western end of Blue Boar Lane would be a cul-de-sac and
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
b)
the new re-aligned road linking Blue Boar Lane with Wroxham Road
would be operational prior to the new and expanded Tesco facilities
being opened.
It would seem reasonable to assume the temporary mini-roundabout is
required to attempt to manage increased traffic flows resulting from opening
the new facilities prior to completion of the new road and closing the western
end of Blue Boar Lane. Traffic conditions here are already unacceptable. As
residents we wish to express our concerns in the strongest possible terms.
We have suffered enormously during the past years in terms of excessive
traffic impacts. We had expected that by October the new road would be
complete and Blue Boar Lane made into a cul-de-sac.
4.6
Mr & Mrs Dent, 4 Blue Boar Lane:
Express concern about this application having coped with congestion and
large volumes of traffic. If Tesco’s are allowed to trade from the new facilities
before the bypass road is in place the effect on the lane will be enormous.
4.7
Mrs L Toomer, 20 Blue Boar Lane:
I wish to express extreme disapproval. Blue Boar Lane is not capable of
coping with the increased traffic which the new facilities would bring. There
are frequent accidents and only a matter of time before fatalities. It is
dangerous for pedestrians.
4.8
Mr D Wallace, 46 Blue Boar Lane:
The opening of these new facilities will result in more traffic, both cars and
lorries resulting in increased noise and pollution for all residents and increased
congestion.
4.9
Mr & Mrs Le-Fevre, 9 Blue Boar Lane:
Strongly object to Tesco’s avoiding their compliance with the previously
agreed arrangement.
4.10
Mr & Mrs S A Clarke, 38 Blue Boar Lane:
Strongly protest due to noise disturbance and expectation that the cul-de-sac
will not be completed.
4.11
Mr & Mrs D Crossman, 32 Blue Boar Lane:
It is unacceptable for Tesco’s to open the new facilities until Blue Boar Lane
has been diverted as we experience heavy traffic day and night which will be
made worse.
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
4.12
R Stone, 17 Blue Boar Lane:
Concerned about the implications of this application which is in direct noncompliance of the original condition.
4.13
Mr & Mrs Youngman, 2 Blue Boar Lane:
Strongly object as Blue Boar Lane is increasingly busy and this proposal will
make matters worse.
4.14
Mr G Parr, 48 Blue Boar Lane
The proposal goes against fully documented and agreed planning approval
Condition 12. It was argued at the 1992 local plan inquiry by the Residents
Group that Blue Boar Lane was inadequate for the envisaged traffic increase.
Dangerous congestion would be further compounded by major bus routing to
and from Tesco’s. Street lighting is inadequate and the road surface is
inadequate. The 40mph speed restriction should have been reduced much
earlier. The proposed opening comes at the busiest time of year.
4.15
Mr & Mrs Kibble, 8 Blue Boar Lane:
Very strongly object due to increased traffic generation and as it has already
been agreed Tesco could not expand without the new road being built.
4.16
Mr G Baird, 16 Blue Boar Lane:
There is an ongoing problem with flooding as the drains cannot cope. There
has also been a significant traffic increase along Blue Boar Lane over the past
12 years.
4.17
Mr G M Massingham, Orchard House, Blue Boar Lane:
Strongly protest as it was due to Condition 12 of 20042033 that the residents
of Blue Boar Lane were satisfied that Tesco’s new developments would not
adversely affect their quality of life to an unreasonable extent. The new
facilities will undoubtedly increase traffic.
4.18
Mr M S Bakhshi, 15 Blue Boar Lane:
Objects as it contravenes the original plan to make a cul-de-sac, and because
traffic and noise pollution will increase to an unacceptable level.
4.19
Dr I Gibson MP:
Writes to support my constituents who are members of the Blue Boar Lane
Residents Group. I would like to add my support to their concerns. It was a
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
fundamental part of the original planning application that Tesco would not
open its new facilities, especially its petrol station until the new road has been
re-aligned and Blue Boar Lane closed at the western end. If Tesco are unable
to open on time that is a matter for Tesco to dispute with Transco. Residents
should not suffer for the errors of the construction company.
4.20
Mrs Annison, 14 Blue Boar Lane
Shares neighbours concerns about extra traffic build up.
4.21
Blue Boar Lane Residents Group:
Residents consider the application to be absolutely unacceptable and that
Tesco should hold back their opening until Condition 12 has been fulfilled. A
list of 28 residents express serious concern about the proposal.
4.22
Mr & Mrs J Cooke, 24 Blue Boar Lane:
Strongly oppose Tesco’s plans as this does not comply with the conditions of
planning permission.
4.23
Mr & Mrs A & H Betts, 19 Blue Boar Lane:
Express concern as we will suffer heavy traffic, noise and fumes. Also
concerned the planned cul-de-sac will not be complete.
4.24
L J & J A Hewitt, 10 Blue Boar Lane:
20 years ago the site was occupied by a small family concern called Budgens.
We have been inconvenienced since by unacceptable traffic volumes. It was
a key condition that Tesco could not proceed with major development without
a re-aligned road and cul-de-sac in Blue Boar Lane.
4.25
Mr & Mrs N Franklin
Object as Tesco’s should not be allowed to trade from the petrol station and
extension without completing highway works as this is a congested area.
4.26
Mrs M Howes, 275 Wroxham Road:
Expresses concern about the accuracy of the conclusions of the traffic
assessment. The petrol filling station, car wash and size of store extension
will generate far more traffic than forecast. Also expresses concern about
drainage.
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
4.27
Mr R Craggs, 297A Wroxham Road:
Traffic queues frequently extend northwards along Wroxham Road from the
Blue Boar Lane/Wroxham Road junction and this together with the traffic
heading towards the Park and Ride makes exiting from our drive a real
problem now. This would be exacerbated by Tesco opening up its extension
prematurely and particularly as we approach the Christmas period. The delays
incurred with developments may not be Tesco’s fault but the extended delays
have inconvenienced residents enough to ask them to endure even more
inconvenience.
4.28
Comments on the amended plans:
The following residents also object to the amended plans on the grounds that
Tescos should abide by the original conditions. To not do so will result in
additional traffic which will be detrimental to the amenities of residents in the
area and damages the road drainage systems;
Mr & Mrs Fountain, 30 Blue Boar Lane; Mrs P Baxter, 26 Chenery Drive; N &
P Franklin (by e-mail); Mr & Mrs Youngman, 2 Blue Boar Lane; Mr M Bakhshi,
15 Blue Boar Lane; Mrs CA Clarke, 38 Blue Boar Lane; Mr R Craggs, 297A
Wroxham Road; Mr & Mrs R Stone, 17 Blue Boar Lane; Mrs Marshall & Mr
Minns, 26 Blue Boar Lane; Mrs Howes, 275 Wroxham Road; Mr & Mrs Kibble,
8 Blue Boar Lane; Mr & Mrs D Crossman, 32 Blue Boar Lane; Mr & Mrs Smith,
28 Blue Boar Lane; Mr D Wallace, 46 Blue Boar Lane; Mr G Baird, 16 Blue
Boar Lane; Mr G Parr, 48 Blue Boar Lane; Mr M J McKechnie, 11 Blue Boar
Lane; Blue Boar Lane Residents Group; Mr & Mrs Cooke, 24 Blue Boar Lane
and Mr & Mrs Le Fevre, 9 Blue Boar Lane and Mr P Rainbow of 34 Blue Boar
Lane.
5
RELEVANT POLICY GUIDANCE
5.1
PPS1 (Revised) – General Policy and Principles:
Outlines the planning framework and the purposes of the planning system.
Contains a general statement on planning policies.
Broadland District Council Local Plan:
5.2
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.
5.3
Policy GS3:
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
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.
5.4
Policy SHO4:
Extensions to existing large scale convenience or durable stores will be
considered against criteria set out in policies SHO2 and SHO3. Durable
goods stores may have conditions imposed limiting the range of goods sold.
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 TRA4:
Development will not be permitted where it would endanger highway safety or
the satisfactory functioning of the local highway network. In appropriate
cases, a traffic impact study will be required.
5.7
Policy SPR1:
An area of approximately 12.9 HA (31.9AC) is allocated for comprehensive
development to the north and north-east of the existing Tesco supermarket.
5.8
Policy SPR2:
The development in SPR1 will include sites for residential, public open space,
business use, shops and community centre.
5.9
Policy SPR3:
Vehicular access to the uses in SPR1 will be by way of limited number of culde-sacs and/or link roads accessing onto a re-aligned Blue Boar Lane.
5.10
Policy SPR4:
The residential element of SPR1 shall not exceed 150 bedspaces per hectare.
5.11
Policy SPR5:
Landscaping throughout SPR1 will be required as an integral part of the
overall design concept.
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
Proposed Broadland District Local Plan Replacement (version as agreed by
Council for publication of the Revised Deposit):
5.12
Policy (RD) GS1:
New development will only be accommodated within the settlement limits for
the Norwich fringe parishes, market towns and villages.
5.13
Policy (RD)GS4:
Sets out general considerations to be taken into account as well as any
specifically related to the nature of the proposal.
5.14
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.
5.15
Policy (RD)TRA11:
Development will not be permitted where it would endanger highway safety or
the satisfactory functioning of the local highway network.
5.16
Policy (RD)SHO4:
Proposals for extensions to existing stores will only be permitted subject to
certain criteria.
5.17
Policy (RD)SPR22:
An area of approximately 12ha to the north and north east of the existing
Tesco store will be completed in accordance with the existing planning
permission. Any new planning permission (other than the approval of
reserved matters) will provide a comprehensive development including
residential, open space, business use, local shopping facilities and a
community centre to result in the creation of a district centre, communal
parking for the district centre uses, landscaping and associated infrastructure.
6
LOCATION AND DESCRIPTION OF SITE
6.1
The site is the existing Tesco supermarket situated to the north of Blue Boar
Lane close to the junction with Wroxham Road. Blue Boar Lane is primarily a
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
residential road with dwellings mainly on the southern side and open land to
the north. However, between the access to Tesco’s and Wroxham Road,
residential properties are on both sides of Blue Boar Lane. Wroxham Road is
also a primarily residential road with dwellings situated on its western side. A
short distance beyond the last residential property is the new park and ride
facility. To the north and north west of the Tesco store is open countryside,
although this land is allocated in the local plan for residential development and
community facilities. It is also proposed to realign Blue Boar Lane to bypass
the junction with Wroxham Road, which is linked to the store extension.
7
PLANNING HISTORY
7.1
81.0093:
Supermarket and car park (outline). Approved October 1982.
7.2
82.0745:
Supermarket and car park (outline). Withdrawn April 1983.
7.3
83.0627:
Supermarket and car park. Approved June 1983.
7.4
83.0745:
Supermarket and car park (outline). Approved May 1983.
7.5
84.0638:
Alterations to approved scheme and change of use of small shop unit to coffee
bar. Approved April 1984.
7.6
84.1299:
Various advertisement signs. Approved July 1984.
7.7
86.2183
1) Extension and alteration to existing supermarket 2) Car park and ancillary
facilities 3) Petrol Station. Observations November 1986.
7.8
86.2184:
1) Extension & alterations to existing supermarket 2) Car park and ancillary
facilities 3) Petrol filling station. Refused January 1987.
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
7.9
88.2639:
1) Extension and alterations to supermarket car park and ancillary facilities
(reserved matters). Approved January 1989.
7.10
89.0143:
Alterations to approved elevations. Approved February 1989.
7.11
89.0727:
Site signboard (non-illuminated). Approved June 1989.
7.12
89.1657:
Site signboard (non-illuminated). Approved October 1989.
7.13
89.2587:
1) Free standing shop sign 2) Sign on building (illuminated). Approved January
1990.
7.14
90.0199:
Temporary portakabin. Approved March 1990.
7.15
94.0732:
Internally illuminated sign. Approved July 1994.
7.16
99.0645:
Illuminated fascia sign. Approved November 1999.
7.17
00.0378:
Extension to Class A1 foodstore and associated works to include petrol filling
station, shop units, car parking and new access. Approved February 2004.
7.18
20020005:
Highways, drainage, and landscaping works in connection with comprehensive
development (reserved matters). Approved December 2002.
7.19
0041028:
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
Variation of Condition 2 of pp 00.0378 (Granted by the first secretary of State
26.02.04) to allow amended car park and amendment to petrol filling station to
allow incorporation of car wash and jet wash. Withdrawn January 2005.
7.20
20041055:
Temporary car park for customers and staff for a temporary period of 6 months
in connection with Tesco Store extension and associated alterations approved
under pp00.0378. Temporary approval December 2004.
7.21
20041904:
Promotional banners, flats and “A” frames withdrawn January 2005.
7.22
20041907:
Change of use of car parking area for the erection of a marquee for the display
and retailing of horticultural products. Withdrawn January 2005.
7.23
20042033:
Variation to pp ref no 000378 (granted by first Secretary of State 20.2.04) to
allow variations to store car park, petrol filling station, service yard and
associated changes (without complying with Condition 2 of planning
permission ref no 000378. Approved March 2005.
7.24
20050536:
Temporary site development board. Approved May 2005.
7.25
20050667:
Two internally illuminated store signs. Refused June 2005.
7.26
20050869:
Roof top plant. Approved September 2005.
7.27
20050961:
Main store signage. Approved August 2005.
7.28
20050974:
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
Various signs throughout the site including 2 internally illumined gantry signs
for petrol filling station and 2 internally illuminated information panels.
Undetermined.
7.29
20050983:
Application under Section 73 of the Town and Country Planning Act 1990 (as
amended) to vary Condition 7 of planning permission ref. No.20042033 to
allow working amendments to consented scheme. Undetermined.
8
APPRAISAL
8.1
The main issues to take into account in the determination of this application
are an assessment of the proposal against Local Plan policies, with particular
regard to whether any proposed variation to Conditions 12 and 7 would be
acceptable, having regard to the impact on residential amenity the surrounding
highway network and the accessibility of the store by public transport, car
borne shoppers, pedestrians and cyclists if this store extension is permitted to
trade pending completion of the highway works.
8.2
The application site is located within the development boundary/settlement
limit for Sprowston. Planning permission has already been granted for the
realignment of Blue Boar Lane in connection with a comprehensive
redevelopment of the land to the north and west of the Tesco Store
(Ref.20020005). The realignment of Blue Boar Lane is also closely associated
with the Tesco extension, now under construction, by virtue of the
requirements of condition 12 of planning permission 20042033.
8.3
The principle of the road diversion and store extension is therefore clearly
established and work is at an advanced stage. The acceptability of these
developments is not therefore a matter for consideration. Consideration needs
to be given to the relative harm or merit of allowing the extended store to trade
before Blue Boar Lane has been permanently realigned. Firstly however, it
would be useful to consider the reason why this application was submitted.
8.4
During construction work, it became apparent that it would be necessary to
divert a gas main causing a delay in connecting the diverted Blue Boar Lane to
Wroxham Road. It is understood that prior to work commencing, Tesco’s were
advised in writing that the gas main would not have to be diverted and the
works were programmed on that basis. However, this proved not to be the
case, resulting in the delay. The revised programme for the completion of the
works is set out in para 1.8. As a result of this delay, a temporary highway
solution in the form of a mini roundabout is proposed (para 1.6).
8.5
Having regard to the highway issues, the Highway Authority initially had
concerns about the traffic model used to assess the operation of the proposed
mini roundabout and therefore raised a holding objection on highway grounds
to the application. However, following ongoing negotiations the Highway
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
Authority have accepted that the mini roundabout will not impede, unduly,
through traffic on Blue Boar Lane. Therefore the holding highway objection is
withdrawn.
8.6
Blue Boar Lane Residents’ Group and other local residents are concerned that
opening the extended store prior to completing the diverted road will lead to
increased traffic and congestion. Blue Boar Lane is already a busy road with a
constant flow of traffic to and from the store and therefore these concerns are
understandable. However, it is considered that Tesco’s agreement not to
open the petrol filling station and car wash until the diversion is complete will
reduce the potential for additional traffic generation. Notwithstanding residents’
concerns, the Highway Authority have accepted that the mini roundabout will
not unduly impede through traffic on Blue Boar Lane. In the absence of any
objection from the Highway Authority it is considered that an objection on
highway safety grounds cannot be substantiated.
8.7
With regards to public transport the Highway Authority do consider that the
Park and Ride bus services may be delayed (para 2.2). Accordingly therefore,
the Highway Authority have requested the provision of an additional bus to
maintain the frequency of service, at a cost of £310 per day. Therefore, if this
application is considered acceptable, it is considered that the applicant should
be required to either enter into a Section 106 Agreement or give a written
undertaking to secure this payment for the temporary three month period. As
there is no firm date for the completion of the road works, the agreement will
need to build in provision for refunding and additional payments depending on
when the works are complete.
8.8
Many local residents are also extremely concerned that the diverted Blue Boar
Lane and closure of Blue Boar Lane at its western end will not be completed if
this proposed mini roundabout is allowed. These concerns are
understandable, given the length of time local residents have been waiting for
these road works to be completed. It is considered that in reality this is unlikely
to happen. A considerable amount of construction work has already taken
place and Tesco’s are contractually obliged with Norfolk County Council to
complete the scheme in its entirety. It is also a requirement of the planning
permission for the store extension that Blue Boar Lane be diverted and Traffic
Regulations be in place to form the cul-de-sac. It is considered that these
conditions are enforceable and sufficiently robust to require the completion of
the work. These works are also linked to Policies SPR1–5 of the Local Plan
and (RD)SPR22 of the proposed replacement Local Plan.
8.9
It would appear therefore, that Tesco’s are seeking a solution to what was an
unforeseen problem. It is considered that the time period sought for the
extended store to trade without the completed diversion is relatively short and
is certainly much shorter than originally envisaged. It is also considered that
the supporting information submitted by Tesco’s demonstrates a firm
commitment to complete the originally approved highway works as soon as
possible. Nevertheless, it is recognised that there will be an increase in traffic
to and from the site and the Highway Authority also consider that there will be
some impact on the Park and Ride service. Notwithstanding these effects, the
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
Highway Authority has withdrawn its holding objection and on this basis it is
considered that there is insufficient justification to refuse the proposal to open
the extended store for a temporary period prior to the completion of the Blue
Boar Lane diversion and to construct a temporary mini roundabout.
Accordingly therefore, it is considered that the proposal complies with Policy
TRA4 of the Local Plan and Policy (RD)TRA11 of the proposed replacement
Local Plan.
8.10
Tescos have stated that they are prepared to instruct delivery lorries not to use
the western stretch of Blue Boar Lane during the temporary period (para 1.7).
It is considered this would reduce the potential traffic increase until the
diverted road is opened. Whilst this is not a requirement of the Highway
Authority, it is considered that the effect on the amenities of residents along
this stretch of Blue Boar Lane will be lessened if delivery lorries are directed in
the opposite direction. Therefore, if this application is considered acceptable, it
is suggested that this instruction should be a requirement.
8.11
Tesco’s submitted a petition with some 1,320 signatures of customers in
support of the application. Some local residents considered that these people
would not fully understand the issues surrounding the application. Whilst this
petition is acknowledged as recognition of a degree of support, it is considered
that it should be given only limited weight, given that many of the postcodes
are not from the immediate locality and therefore, the customers would be
unlikely to be aware of all the relevant issues.
8.12
The proposed variation to Condition 7 of application no 20042033 seeks
relatively minor modifications to the approved plans relating to the design and
external appearance of the store extension. The most significant change is
considered to be the low level canopy in place of the approved high level
canopy (para 1.11). It is considered that none of the proposed alterations have
any impact on residential amenity and that they are visually acceptable.
8.13
If this application is considered acceptable the applicants will be required to
enter into a Section 106 Agreement or give a written undertaking, to secure
funding for the additional bus service.
8.14
This application is reported to Committee at the request of one of the Ward
Members.
RECOMMENDATION: APPROVE subject to a Section 106 unilateral undertaking
being entered into to bind the permission to the original undertaking and subject to an
agreement or undertaking to secure the provision of an additional Park and Ride bus
service for the duration of the temporary highway works, or alternatively to reimburse
the costs associated with an additional bus service, and subject to the following
conditions:
(1)
A1 (Standard time limit)
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
(2)
The development hereby permitted relates to the extended store only and not
the petrol filling station or car wash.
(3)
Condition 12 of application 20042033 is hereby varied to read:
“The extension to the store hereby approved shall not be occupied and
operational after 21st January 2006 unless the re-alignment of Blue Boar Lane,
approved under application 20020005, has been substantially constructed and
open to through traffic. The petrol filling station and car wash shall not be
occupied and operational until the re-alignment of Blue Boar Lane, approved
under application 20020005, has been substantially complete and open to
through traffic. Associated highway works.”
(4)
Condition 7 of application 20042033 is hereby varied to read:
“The development hereby permitted shall not be carried out otherwise than in
accordance with the following plans:
Proposed Site Layout – 6241/P15 Rev G
Proposed Elevations – 6241/P17 Rev D”.
(5)
Tesco delivery lorries shall not use the western stretch of Blue Boar Lane
between the mini roundabout and Wroxham Road until the re-alignment of
Blue Boar Lane, approved under application 20020005, has been substantially
complete and open to through traffic.
(6)
Prior to the commencement of the development hereby permitted, full details
of landscaping to the northern boundary of the site shall be submitted to and
agreed in writing by the Local Planning Authority. The landscaping shall then
be carried out in accordance with the approved details.
(7)
Once opened the use of the car wash shall be prohibited between the hours of
11pm and 7am.
(8)
The rating noise level emitted from the car wash area shall not exceed the
existing L90 of 48dB(A) by more than 5dB(A) at any time, measured over a 15
minute period. All measurements shall be taken in accordance with
BS4142:1997. Measurements shall be taken adjacent to 19 Blue Boar Lane,
at position 1, marked on the approved plan Drawing No.6241/P15 Revision C.
(9)
Prior to the commencement of the development hereby approved, full details
of the height and density of the acoustic fence adjacent to the car wash shall
be submitted to and agreed in writing by the Local Planning Authority. The
acoustic fence shall be erected in accordance with the approved details prior
to the first use of the car wash.
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
(10)
Prior to the commencement of the development hereby approved, details of
the proposed kiosk within the petrol filling station shall be submitted to and
approved by the Local Planning Authority.
(11)
Prior to the commencement of development, details of all external materials to
be used in the development shall be submitted to and approved by the Local
Planning Authority. The development shall then be constructed in accordance
with the approved details.
(12)
Prior to the commencement of development full details of both hard and soft
landscape proposals shall be submitted to and approved by the Local
Planning Authority. The development shall be carried out in accordance
with the approved details. These details shall include, as appropriate:
a)
Proposed finished levels or contours
b)
Means of enclosure
c)
Car parking layouts
d)
Other vehicle and pedestrian access and circulation areas
e)
Hard surfacing materials
f)
Minor artefacts and structures (furniture, play equipment, refuse or
other storage units, signs, lighting)
g)
Proposed and existing functional services above and below ground
eg drainage, power communications cables, pipelines etc, indicating
lines, manholes, supports etc)
h)
Retained historic landscape features and proposals for restoration,
where relevant.
Soft landscape details shall include:
i)
Planting plants
j)
Written specifications (including cultivation and other operations
associated with plant and grass establishment
k)
Schedules of plants, noting species planting size and proposed
numbers/densities where appropriate
l)
Implementation timetables
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
(13)
Prior to the commencement of development a schedule of landscape
maintenance for a minimum of 5 years shall be submitted and approved by
the Local Planning Authority. The schedule shall include details of the
arrangements for its implementation. Development shall be carried out in
accordance with the approved schedule.
(14)
Prior to the commencement of development, details of advance or screen
planting shall be submitted to and approved by the Local Planning Authority,
Implementation shall be carried out:
a)
Prior to the first occupation of the part or phase of the development to
which the screen relates or
b)
In accordance with an implementation timetable agreed in writing with
the Local Planning Authority.
This planting shall be maintained for a minimum of five years following
contractual completion of the development. Any trees or significant areas of
planting which are removed, die or become seriously damaged or defective
within this period shall be replaced as soon as is reasonably practicable.
(15)
No works shall commence on the site until such time as detailed plans of the
road, footways and cycleways, foul and surface water drainage have been
submitted to and agreed in writing by the Local Planning Authority in
consultation with the Highway Authority.
(16)
No works shall be carried out on roads, footways and cycleways, foul and
surface water drainage otherwise than in accordance with the specifications
of the Local Planning authority in consultation with the Highway Authority.
(17)
No works shall commence on the site until such time as a detailed
Construction Traffic Management Plan has been submitted to and agreed in
writing with the Local Planning Authority, in consultation with the Highway
authority. Such Traffic Management Plan shall include the Programme of
Works for the construction and bringing into use of the development hereby
permitted (including the Blue Boar Lane diversion as shown on Drg
51930/02/TRA/29C) any temporary customer and staff car parking
arrangements, together with access details for service and emergency
vehicles.
(18)
The extension to the food store and the new petrol filing station and car
wash hereby approved shall not be occupied and operational until such time
as any necessary Traffic Regulation Orders required to close the existing
junction of Blue Boar Lane with Wroxham Road to through traffic have been
secured by the Highway Authority.
(19)
Prior to development commencing on the site precise details of the external
lighting to the petrol filling station, retail store and car parking areas shall be
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
submitted to and approved in writing by the Local Planning Authority.
Following written approval the lighting scheme shall be carried out in the
approved form and not amended without the written consent of the Local
Planning Authority.
(20)
Save for the unit shops, the primary range of goods sold in the existing and
extended store will comprise weekly consumable products comprising food
and drink, tobacco, newspapers and magazines, cleaning materials and
equipment, toiletries, health and beauty products, flowers, seeds and plants,
pet foods and associated pet goods. The display of other goods will be
restricted to a maximum of 1260 sq.m.
(21)
Before the additional permitted floorspace is first brought into use, a Green
Travel Plan for the store shall have been submitted to and approved in
writing by the Local Planning Authority and implemented by the applicant.
The initial plan shall cover a period of 3 years at the end of which the plan
shall be reviewed in consultation with the Local Planning Authority.
Thereafter, subsequent Plans shall be produced and reviewed every 3 years
in consultation with the Local Planning Authority, unless otherwise agreed in
writing with the Local Planning Authority.
(22)
The extension to the retail store hereby approved shall not be opened for
trade until the unit shops forming part of this permission have been
constructed and made available for occupation.
(23)
The occupier of the superstore shall not occupy any of the small parade of
shops by himself or through any partnership in which he shall have an
interest or (if a company) by any associated or subsidiary company or any
other company in the same group of companies of which the occupier of the
superstore forms part.
(24)
The four unit shops hereby approved shall be retained as individual retail
units and not amalgamated.
Reasons:
(1)
R2 (Statutory requirement)
(2)
R20 (to safeguard the amenities of adjacent residential properties)
(3-4) R15 (for the avoidance of doubt and to ensure the permission relates to the
application as amended)
(5)
R20 (To safeguard the amenities of adjacent residential properties)
(6)
R41 (To ensure the provision of amenity afforded by appropriate landscape
design)
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
(7-9) R20 (To safeguard the amenities of adjacent residential properties)
(10-11) R18 (To ensure the satisfactory appearance of the building)
(12 )
R41 (To ensure the provision of amenity afforded by appropriate landscape
design)
(13)
R51 (To ensure the provision of amenity afforded by the proper
maintenance of landscape features)
(14)
R41 (To ensure the provision of amenity afforded by appropriate landscape
design).
(15)
R30 (To ensure the roads, footways and cycleways are constructed to a
standard to enable them to be taken over as public repairable highways).
(16-17) R22 (To ensure the satisfactory development of the site)
(18-19 ) R14 (To ensure the proper development of the site without prejudice to the
amenities of the area)
(20)
To ensure development appropriate to the area in accordance with Policy
SHO4 of the Broadland District Local Plan and Policy (RD)SHO4 of the
proposed replacement Local Plan (Version as agreed by the Council for
publication of the revised draft)
(21-24 ) R22 (To ensure the satisfactory development of the site)
Reasons for decision:
This application has been considered against the development plan for the area
comprising the Norfolk Structure Plan and the Broadland District Local Plan. The
policies particularly relevant to the determination of this application are GS1, GS3,
SHO4, ENV2 and TRA4 of the Local Plan. Consideration has also been given to
the proposed Broadland District Local Plan Replacement version and some weight
given to Policies (RD)GS1, (RD)GS3, (RD)SHO4, (RD)ENV2 and (RD)TRA11.
The site lies within the development boundary for Sprowston as defined by policy
GS1 of the Local Plan. This means that development in principle is acceptable.
Planning consent has already been granted for extensive extensions and
alterations to the existing store and for the realignment of Blue Boar Lane. The
Highway Authority raise no objection to the temporary highway works and
accordingly allowing the extended store to trade for a temporary period prior to the
completion of the Blue Boar Lane direction will not leave a detrimental effect in
highway safety or residential amenity. The appearance of the alterations for the
store extension are also considered acceptable.
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005
Planning Committee
The proposed development is therefore in accordance with the policies of the Local
Plan and represents an acceptable form of development.
20051190 : Tesco Store, Blue Boar Lane, Sprowston
2 November 2005