OFFICERS REPORT - DELEGATED
Ref No:
051258
Case Officer:
Mr M Harris
Proposal: Demolition of existing petrol filling station, forecourt canopy and
convenience store together with car wash and jet wash and erection of new petrol
filling station including ancillary convenience store with Subway and ATM, canopy,
car wash and two jet wash bays, construction of Starbucks Drive Thru' Coffee Shop
with associated landscaping and vehicle parking and other ancillary works
Location:
Wylfa Service Station, Chester Road, Mold, CH7 1UE
Applicant:
Euro Garages Limited
Date Valid: 27 September 2013
Expiry Date: 22 November 2013
Consultation & Responses
Local Member: Councillor A Bragg: Agree to determination under delegated powers.
Argoed Community Council: No response received.
Head of Public Protection: No adverse comments.
Head of Assets and Transportation: Confirm that following the receipt of an
amended site layout that the submitted swept path analysis satisfies previous
concerns regarding accessibility for fuel tankers. Although the A5119 fronts the site,
access is gained from the A494 Trunk Road roundabout with Welsh Government
being the highway authority for this road.
Welsh Government (Transport ): Following receipt of additional information
regarding vehicle generation / swept path analysis / servicing of the buildings - direct
that any permission includes conditions.( See Report )
Natural Resources Wales: Following receipt of additional technical information
regarding the potential for site contamination and impact of development on water
table - remove initial objection and recommend that any permission be subject to
conditions.
Dwr Cymru /Welsh Water: Recommend that any permission includes conditions in
respect of foul, surface and land drainage.
Neighbours: No responses received
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Relevant History & Policies:
History
None relevant
Policies
Policy STR1 – New Development
Policy GEN1 – General Requirements for Development
Policy GEN3 – Development in the Open Countryside
Policy GEN4 – Development in Green Barriers
Policy D1 – Design Quality Location and Layout
Policy D2 – Design
Policy EM5 – Expansion of Existing Concerns
Policy TWH1 – Development Affecting Trees and Woodlands
Policy AC13 – Access and Traffic Impact
Policy AC18 – Parking Provision and New Development
Policy S3 – Integrating New Commercial Development
Policy S5 – Small Scale Shopping Outside Settlements
The proposal would generally comply with the above policies.
Planning Appraisal:
1. This full application proposes the demolition of an existing petrol filling station
forecourt canopy, and convenience store together with car wash and jet wash at
Wylfa Service Station Chester Road, Mold and erection of new petrol filling station to
include:-
ancilliary convenience store with subway and ATM
canopy, car wash and two jet wash bays
“Starbucks Drive Thru” coffee shop with associated landscaping and vehicle
car parking.
2. The site is located adjacent to but outside the settlement boundary of Mynydd
Isa, but within a Green Barrier as defined by virtue of Policy GEN4 in the adopted
Flintshire Unitary Development Plan. The purpose of the Green Barrier designation
at this location is in accordance with Para. 4.15 e of the UDP to “protect major road
junctions from development which would be visually intrusive and compromise the
appearance of a junction with its rural setting”.
3. The current proposal is for the replacement and improvement in the range of
facilities offered at the existing petrol filling station. Of particular importance in this
respect is the existing use of the site and an assessment of whether the proposed
expansion plans will have a detrimental impact on the character of the site and
surroundings.
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4. It is therefore considered that the main issues in consideration of this application
can be summarised as follows:i.
ii.
iii.
iv.
v.
Principle of development.
Highways/Access.
Impact on controlled waters/land contamination.
Design/appearance and impact on Green Barrier designation.
Impact on existing trees/landscaping.
5. In commenting on the above, it is considered that
i.
ii.
iii.
The principle of development is acceptable being a proposed expansion of
an existing concern.
As the proposed access to the site is obtained from the A494 Trunk Road,
consultation on the application has been undertaken with Welsh
Government (Transport). Following receipt of additional information re:
vehicle generation movements, and manoeuvring/servicing of buildings –
WG consider the proposal to be acceptable and direct that any permission
be subject to conditions.
Initial objection from Natural Resources Wales (NRW) regarding the
development as it was considered that “the applicant had not supplied
adequate information to demonstrate that the risks posed to groundwater
can be acceptably managed. This was raised on the grounds that the
proposal involves:-
Installation of new underground storage tanks and pipe runs.
Potential for land contamination of soil/groundwater for sites existing
use.
In order to address this objection, additional reports/tank details submitted.
This detail has been assessed by NRW who confirm that the proposal is
now acceptable subject to the imposition of conditions in respect of land
contamination.
iv.
In line with advice in Planning Policy Wales; Policy GEN4 of the adopted
Flintshire Unitary Development Plan specifies the types of development
which may be acceptable within a Green Barrier location. The proposal
essentially involves the rebuilding of the petrol filling station, re-siting of
the existing car wash from the east to the west of the site and replacement
of the former car wash by a Starbucks ‘drive thru’ café to the east. In
terms of the new additional use as a ‘drive-thru’ coffee shop, it is not
essential for it to be located within a Green Barrier but as a ‘drive-thru’
there is a need for it to be located close to a highway.
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The proposal fails to be considered in accordance with criteria (i) of Policy
GEN4 in that it – should not contribute to the coalescence of settlements
and criteria (ii) unacceptably harm the open character and appearance of
the green barrier. Having regard to the above it is considered that the
proposal will:- (a) not contribute to the coalescence of Mold and Mynydd
Isa. (b) lead to an increase in the scale/form of built development at this
location. The key aspect in evaluating the impact of development
concerns the view of the site from the roundabout. Whilst the proposal
involves the re-siting of the car wash in proximity to the western site
boundary, this would not in my view be detrimental to or compromise the
character of the green barrier, this being a form of development expected
at a key strategic entrance to a town and highway network.
v.
Proposal to site the ‘drive-thru’ café on the site of the existing car wash
and resultant increase in the footprint of the building will result in the loss
of a significant number of trees which form a backdrop to this existing
building. Impact of development on the character of the site at this
location therefore needs to be carefully assessed. In this respect the trees
which are ornamental specimens and would have been planted at the time
that the petrol station was initially developed will need to be removed.
This would be an inevitable consequence of the development and
provided re-enforced replacement tree planting is undertaken on the
western site boundary to help assimilate the development into the
site/surroundings, development as proposed can in my view be supported
subject to conditions.
Recommendation
Conditions:
1. The development hereby approved shall be commenced before the expiration of
five years from the date of this permission.
REASON: To comply with the requirements of Sections 91 to 93 of the Town and
Country Planning Act, 1990.
2. The development hereby permitted shall be carried out in accordance with the
attached plan(s) and specifications, (which are listed in the 'Notes to Applicant'
below), unless specified otherwise by the conditions of this permission, or otherwise
agreed in writing by the Local Planning Authority.
REASON: To ensure that the development is carried out in accordance with the
approved details.
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3. Notwithstanding the details submitted with the application the canopy shall be
erected on site until full design details (to include plans, elevations and sections at a
scale of not less than 1:100) have been submitted to and approved in writing by the
Local Planning Authority, the development shall thereafter be carried out in
accordance with the approved details.
REASON: In the interests of visual amenity as no details have been submitted with
the application and in compliance with Policy GEN1 of the adopted Flintshire Unitary
Development Plan..
4. Development shall not commence until details of all materials to be used on the
external surfaces of the buildings have been submitted to and approved in writing by
the Local Planning Authority, the development shall thereafter be carried out in
accordance with the approved details.
REASON: In the interests of visual amenity and in compliance with Policy GEN1 of
the adopted Flintshire Unitary Development Plan..
5. Notwithstanding the details submitted, the development hereby permitted shall
not commence until such time as a scheme to install the underground tanks has
been submitted to, and approved in writing by, the Local Planning Authority. The
scheme shall include the full structural details of the installation, including details of:
excavation, depth to the water table, the tank(s), tank surround, associated pipework
and monitoring system. The scheme shall be fully implemented and subsequently
maintained, in accordance with the scheme, or any changes as may subsequently
be agreed, in writing, by the local planning authority.
REASON: To ensure protection of controlled water within the local area, in particular
the water table directly below the site and in compliance with Policy GEN1 of the
adopted Flintshire Unitary Development Plan.
6. Prior to the commencement of the development approved by this planning
permission (or such other date or stage in the development as may be agreed in
writing with the Local Planning Authority), the following components of a scheme to
deal with the risks associated with contamination of the site shall each be submitted
to and approved, in writing, by the local planning authority: 1. A preliminary risk
assessment which has identified; - all previous uses; - potential contaminants
associated with those uses; - a conceptual model of the site indicating sources,
pathways and receptors; - potentially unacceptable risks arising from contamination
at the site. 2. A site investigation scheme, based on (1) to provide information for a
detailed assessment of the risk to all receptors that may be affected, including those
off site. 3. The results of the site investigation and detailed risk assessment referred
to in (2) and, based on these, an options appraisal and remediation strategy giving
full details of the remediation measures required and how they are to be undertaken.
4. A verification plan providing details of the data that will be collected in order to
demonstrate that the works set out in the remediation strategy in (3) are complete
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and identifying any requirements for longer-term monitoring of pollutant linkages,
maintenance and arrangements for contingency action. Any changes to these
components require the express consent of the local planning authority. The scheme
shall be implemented as approved.
REASON: Controlled waters at this site are considered to be of high environmental
sensitivity with contamination known/strongly suspected at the site from the previous
use of the site as a Petrol Filling Station and in compliance with Policy GEN1 of the
adopted Flintshire Unitary Development Plan.
7. Prior to commencement of development, a verification report demonstrating
completion of the works set out in the approved remediation strategy and the
effectiveness of the remediation shall be submitted to and approved, in writing, by
the local planning authority. The report shall include results of sampling and
monitoring carried out in accordance with the approved verification plan to
demonstrate that the site remediation criteria have been met. It shall also include
any plan (a “long-term monitoring and maintenance plan”) for longer-term monitoring
of pollutant linkages, maintenance and arrangements for contingency action, as
identified in the verification plan, and for the reporting of this to the local planning
authority. The long-term monitoring and maintenance plan shall be implemented as
approved.
REASON: To demonstrate that the remediation criteria relating to controlled waters
have been met and (if necessary) to secure longer-term monitoring of 3 groundwater
quality. This will ensure that there are no longer remaining unacceptable risks to
controlled waters following remediation of the site and in compliance with Policy
GEN1 of the adopted Flintshire Unitary Development Plan.
8. Reports on monitoring, maintenance and any contingency action carried out in
accordance with a long-term monitoring and maintenance plan shall be submitted to
the Local Planning Authority as set out in that plan. On completion of the monitoring
programme a final report demonstrating that all long- term site remediation criteria
have been met and documenting the decision to cease monitoring shall be
submitted to and approved in writing by the local planning authority.
REASON: To ensure that longer term remediation criteria relating to controlled
waters have been met. This will ensure that there are no longer remaining
unacceptable risks to controlled waters following remediation of the site and in
compliance with Policy GEN1 of the adopted Flintshire Unitary Development Plan.
9. If, during development, contamination not previously identified is found to be
present at the site then no further development (unless otherwise agreed in writing
with the Local Planning Authority) shall be carried out until the developer has
submitted, and obtained written approval from the local planning authority for, a
remediation strategy detailing how this unsuspected contamination shall be dealt
with. The remediation strategy shall be implemented as approved.
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REASON: It is considered possible that there may be unidentified areas of
contamination at the site that could pose a risk to controlled waters if they are not
remediated and in compliance with Policy GEN1 of the adopted Flintshire Unitary
Development Plan.
10. No development shall commence until a Service Management Plan (SMP) has
been submitted and approved to detail how delivery vehicle parking areas shall be
secured prior to the delivery vehicles attempting to gain access to the development
site (parking for fuel tanker and delivery vehicles for the coffee shop, fast food outlet
and food store). The SMP shall be produced to the written approval of the local
authority, in consultation with the Welsh Government, four weeks in advance of the
development opening to the public to allow the developer sufficient time to train up
relevant persons involved with the said operations and provide time to inform all
delivery personnel. The plan shall also detail the training requirements of employees
who will be responsible for the implementation of the agreed document.
REASON: In order to maintain the safety and free flow of trunk road traffic and in
compliance with Policy GEN1 of the adopted Flintshire Unitary Development Plan.
11. Delivery to the Petrol Filling Station/ Shop/Fast food outlet shall be via the back
service access doorway as shown on drawing SCP/13316/F02 rev E . The doorway
shall be no more than 15m away from north west corner of proposed building.
REASON: In order to maintain the safety and free flow of trunk road traffic and in
compliance with Policy GEN1 of the adopted Flintshire Unitary Development Plan.
12. The proposed development shall be laid out and constructed strictly in
accordance with the layout shown on drawing SCP/13316/F02 rev E.
REASON: In order to maintain the safety and free flow of trunk road traffic and in
compliance with Policy GEN1 of the adopted Flintshire Unitary Development Plan.
13. Land drainage run-off shall not be permitted to discharge, either directly or
indirectly into the public sewerage system
REASON: To prevent hydraulic overload of the public sewerage system, pollution of
the environment and in compliance with Policy GEN1 of the adopted Flintshire
Unitary Development Plan
14. No surface water shall be allowed to connect, either directly or indirectly,to the
public sewerage system unless otherwise approved in writing by the Local Planning
Authority.
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REASON: To prevent hydraulic overloading of the public sewerage system, to
protect the health and safety of existing residents, ensure no detriment to the
environment and in compliance with Policy GEN1 of the adopted Flintshire Unitary
Development Plan.
15. Foul water and surface water discharges shall be drained separately from the
site.
REASON: To protect the integrity of the public sewerage system and in compliance
with Policy GEN1 of the adopted Flintshire Unitary Development Plan.
16. The proposed new petrol filling station shall not be brought into use until a
suitable grease trap has been installed in accordance with details submitted to and
approved in writing by the Local Planning Authority.
REASON: To protect the integrity of the public sewerage system and in compliance
with Policy GEN1 of the adopted Flintshire Unitary Development Plan.
17. Notwithstanding the details submitted, no development shall commence until
there has been submitted and approved a scheme for the comprehensive and
integrated drainage of the site showing how foul water, surface water and land
drainage shall be implemented. The scheme as may subsequently be approved
shall be installed to the written satisfaction of the Local Planning Authority prior to
the bringing into use of the new petrol filling station.
REASON: To ensure that effective drainage facilities are protected for the proposed
development, that no adverse impact occurs to the environment or the existing
public sewerage system and in compliance with Policy GEN1 of the adopted
Flintshire Unitary Development Plan.
18. Notwithstanding the details submitted no development shall take place until
there has been submitted to, and approved in writing by, the Local Planning
Authority, a detailed scheme of hard and soft landscaping for the site, and such
scheme shall include details of:
a) all existing trees, hedgerows and other vegetation on the land, details of any to
be retained, and measures for their protection during the course of development
b) proposed new trees, hedgerows, shrubs or vegetation, including confirmation of
species, numbers and location and the proposed timing of the planting
c) proposed materials to be used on the driveway(s), paths and other hard surfaced
areas
d) proposed earthworks, grading and the mounding of land and changes in levels,
final contours and the relationship of proposed mounding to existing vegetation and
surrounding landform
e) proposed positions, design, materials and type of boundary treatment.
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REASON: Adequate details have not been submitted and the Local Planning
Authority wishes to ensure that the site is properly landscaped with existing natural
features retained and comply with Policy GEN1 and D3 in the Adopted Flintshire
Unitary Development Plan.
19. All planting, seeding, turfing, fencing, walling or other treatment comprised in
the approved details of landscaping shall be carried out in the first planting and
seeding seasons following the commencement of the development and any trees or
plants which, within a period of five years of the development, die, are removed or
become seriously damaged or diseased, shall be replaced in the next planting
season with others of similar size and species.
REASON: In order to ensure that the site is adequately landscaped in the interest of
residential amenity and comply with Policy GEN1 and D3 in the Adopted Flintshire
Unitary Development Plan.
In considering this planning application the Council has acted in accordance with the Human Rights
Act 1998 including Article 8 of the Convention and in a manner which is necessary in a democratic
society in furtherance of the legitimate aims of the Act and the convention.
Notes to Applicants
Informatives
This permission relates to the following: Application form and particulars date received 17th September 2013
 Location Plan/Site Layout Dwg. No. 1204 5 date received 17th September
2013.
 Proposed Site Elevations Dwg. No. 1204 6 date received 17th September
2013.
 Starbucks Building Plan & Elevations & Roof Plan Dwg. No. 1204 7 date
received
 17th September 2013.
 Proposed Sales Building Plan & Elevations Dwg. No. 1204 8 date received
 17th September 2013.
 Landscape Planting Plan Dwg. No. 11-092-01 date received 20th September
2014.
 Tree Protection Plan Dwg. No. 130828TPP date received 20th September
2014.
 Site Infrastructure and ATG Addendum Ref FSE97370B.227/ date received
4th November 2013.
 Phase 1 Environmental Site Assessment date received 4th November 2013.
 Technical Note SCP/GS/13316/21-01-14 date received 21st January 2014.
 Supplementary Combined Risk Assessment and Factual Report.
 Proposed Revised Site Layout Dwg. No. SCP/13316/F02 Rev A date
received 21st January 2014.
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2. In accordance with the requirements of conditions of this permission Welsh
Government (Transport ) have advised that :a)
the application will require work to be carried out on the highway. It is an
offence to carry out work on the highway without the consent of the Highway
Authority and the applicant must therefore apply in writing to the Highway Authority
for the necessary consent as required under the Highways Act, 1980
b)
it is an offence to allow mud, stones, rubbish or other matter to fall, be carried,
or washed onto the highway. The applicant should ensure that positive preventative
measures are provided within the curtilage of the site/property and is responsible for
making arrangements for surface water drainage to be intercepted and disposed of
separately so that it does not discharge from or onto the highway. These measures
shall thereafter be suitably maintained. Failure regarding the above may result in the
Highway Authority serving a legal notice.
c)
the applicant may wish to provide secure parking for parents with children
using signs/road markings to reduce the risk of children crossing live carriageways
(bays would be best located near or next to disabled parking bays)
d)
to improve pedestrian route within development ( for pedestrians accessing
the site from the west ) the developer may wish to utilise a 2m wide central island
located south east of the fuel pumps between the pumps and access road,to provide
a safer and more direct route to the shop/fast food outlet
e)
to increase pedestrian safety and reduce traffic speeds exiting the drive
through, the applicant may wish to review the possibility of providing a raised/table
top type crossing facility at the pedestrian crossing point
f)
the applicant may wish to review traffic signs TSRGD diagrams 833 – 836
which may be more appropriate for signage within the development.
3. You are advised that the site is crossed by a 150 mm public sewer with the
approximate position being shown on the attached Statutory Public Sewer Record.
Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights to its
apparatus at all times. No part of the building will be permitted within 3 metres either
side of the centreline of the public sewer.
Date of Recommendation: 8th August 2014
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