PLANNING COMMITTEE DATE 19/12/2011 APPLIC REF NO 2011/487/NT DATE RECEIVED 18/08/2011 CASE OFFICER Michael Avery DATE OF EXPIRY 17/11/2011 APPLICANT TESCO STORES LTD., LOCATION AND DESCRIPTION OF PROPOSAL ------------------------------------------------------------------------------------------------------------LAND OFF BURNS LANE WARSOP ERECTION OF NEW FOODSTORE (FOLLOWING PARTIAL DEMOLITION OF THE STRAND BINGO HALL AND BUILDING TO THE NORTH OF 30A CHURCH STREET, AND DEMOLITION OF 19 AND 19A BURNS LANE AND OTHER INDUSTRIAL BUILDINGS) WITH ATM POD, CAR PARKING, PUBLIC REALM, LANDSCAPING AND ASSOCIATED WORKS INCLUDING THE RECONFIGERATION OF THE REAR AMENITY AREA OF 30 AND 30A CHURCH STREET, AND CHANGE OF USE TO THE RETAINED SECTION OF THE STRAND TO OFFICE USE WITH DEDICATED CYCLE PARKING AREA. ------------------------------------------------------------------------------------------------------------RECOMMENDATION: GRANT PLANNING PERMISSION WITH CONDITIONS DESCRIPTION OF PROPOSAL AND APPLICATION SITE This application is reported to Planning Committee as the proposal is a major development and more than three letters of objection have been received. The proposal is also a Departure from the Mansfield District Local Plan 1998. This application proposes the erection of a new foodstore and ATM pod providing a net retail sales area of 954m2. The store proposed is predominantly food-based, with 63m2 of floorspace proposed for ancillary non-food (comparison) goods. Eighty two car and sixteen cycle parking spaces are proposed, together with public realm and landscaping works within the site. The site is located approximately 115 metres to the north east of the Market Warsop District Centre. The western and southern part of the site is located within the Market Warsop Conservation Area and the entire site is located within an area which is designated as an employment consolidation area in the Mansfield District Local Plan 1998. The site currently accommodates the Strand Bingo Hall, 4 dwellings (19 and 19a Burns Lane and 30 and 30a Church Street), a hairdressers shop with flat above (32 and 32a Church Street) and a number of industrial buildings, areas of hard standing, and a metal fabrication yard. To the north of the site lies the Plough Inn a public house, to the south lies office / workshop buildings, to the west on the opposite side of Church Street lies a health centre, hairdressers, hotfood PLANNING COMMITTEE DATE 19/12/2011 takeaway and a chemist. To the east of the site lies residential properties and the Birklands School. The application proposes the partial demolition of the Strand Bingo Hall and full demolition of Nos. 19 and 19A Burns Lane and the industrial buildings on the site. The demolition of the dwellings on Burns Lane is required in order to facilitate a new vehicular access into the site and car parking. The façade of the bingo hall and Nos. 30 and 30a and 32 and 32a Church Street would be retained and these buildings lie within the Market Warsop Conservation Area. The retained façade of the bingo hall is to be refurbished as part of the proposal and would be physically connected to the new food store building. It is then proposed to use this refurbished building for an office type use. Nos. 30 and 30a Church Street would remain in continued residential use and the external appearance of these buildings would be enhanced as part of the proposals. The external amenity areas of these dwellings would have to be reconfigured in order to accommodate the development and provide a service strip for maintenance purposes. The proposed new store building is a steel frame structure with a very shallow hipped roof. The key elevations of the new building facing into the new car park and newly created Strand Walk to the southern side of the retained bingo hall façade would be faced with large areas of glazing and timber larch panels. The western elevation facing the retained cottages would be faced in timber larch panels and the northern elevation facing the service yard would be faced with a white single span cladding system. The ATM pod is a small flat roof structure and would be located to the south of the new building in Strand Walk. The ATM pod would contain two cash machines and would be faced in timber larch panels to match the host building. The applicant has provided the following information in support of the application: A Statement of Community Involvement An Energy Statement which advises that it will be possible to meet 10% Carbon dioxide reduction through measures including sustainable design considerations such as solar passive design and increased air tightness of the building envelope as well as the efficient use of energy during the use of the store. A Site Waste Management Plan A Foul and Surface Water Management Plan Design & Access Statement Combined Planning and Retail Assessment Travel Plan PPS5: Heritage Statement Phase 1 ground investigation. Transport Assessment PLANNING COMMITTEE DATE 19/12/2011 RELEVANT SITE HISTORY Pre-application advice was sought from the applicant’s agent in relation to the principle of the development and various design / layout options. In relation to the principle of the proposed development, the advice given was that it would be likely to be acceptable, subject to the case for the additional retail floor space in Warsop being made. In respect of the design and layout of the proposal, officers advised that the façade of the bingo hall and the cottages should be retained and incorporated into the development. OBSERVATIONS RECEIVED Throughout this report observations received in respect of each application are presented in summary form. The full letters and consultation responses received, including details of any non-material planning observations, are available for inspection both prior to and at the meeting. Anyone wishing to make further comments in relation to the application must ensure these are received by the Council by 12 noon on the last working day before the date of the Committee. 1) Nottinghamshire County Council (Minerals , Waste and Spatial Planning) No objection 2) Nottinghamshire County Council (Highways) No objection 3) Head of Neighbourhood Services (Highways) No objection. 4) Principal Conservation and Heritage Officer Supports the proposal. 5) Severn Trent Water No objection 6) Western Power Distribution No objection 7) Environmental Health Manager No objection. PLANNING COMMITTEE DATE 19/12/2011 8) Members of the Public Letters of objection have been received from the occupiers of 7 Albert Street, Mansfield Woodhouse, 6 Burns Lane, 36 Laurel Avenue, 40 Mount Crescent, 16 Portland Street and 59 Clumber Street, Warsop, Nisa Extra, 2-6 Church Street and Bargain Booze, 19-21 Sherwood Street. The grounds of objection are summarised below: The proposal will result in a further ‘Tescoisation’ of the district; Tesco close town centres; The discontinuance of a well used bingo facility; The information submitted with the application does not address increases in traffic on Burns Lane and surrounding Roads; The proposal will have an adverse impact on the trading of existing stores in Warsop; The proposal will cause hardship for small traders and the money taken by Tesco will be at the expense of existing retailers; The economy has got worse since the 2008 turnover figures which have been used in support of the application; It is not accepted that users of the new supermarket will visit the Warsop Centre as a time limit will be put on the car park and people usually go straight home after going shopping especially if they have purchased frozen goods; There will be no need to visit local stores; There would be no car parking spaces for staff and this would result in car parking spaces in the town centre being reduced for shoppers; The design and appearance of the proposed building is not in keeping with the character of the area and is at variance with Council policies; A smaller store should be built out of traditional materials; The proposal is unlikely to generate 70 jobs as managers / supervisors will be transferred from elsewhere. The jobs created will be part time and minimum wage; The job creation figures do not take into account the number of jobs which will be lost at the bingo hall and at other businesses when they close; Pharmacy items will be sold on the shelves, so the fact that the proposal will not include a pharmacy is irrelevant; The supporting information contains errors. The Local Traders Association has not existed for a number of years and there have been serious accidents on Burns Lane; Consultation should be undertaken with all local parties / traders to establish what they think; An opinion poll on the Warsop Web suggests 48% are against the proposal, which is much higher than Tesco’s figures; The proposal will lead to boarded up premises and will not promote the vitality and viability of the town centre; The new Tesco store at Shirebrook will also have an impact on Warsop; PLANNING COMMITTEE DATE 19/12/2011 The population is not big enough to support existing stores and a large superstore; NJL Consulting acting on behalf of the Co-operative Group has also objected on the following summarised grounds: The proposals do not satisfy the requirements of the sequential sites assessment required by PPS4 and therefore should be refused; The size of the proposed development is more closely linked in scale and character to the existing Nisa Unit than other main foodstores located within Mansfield which demonstrates the likelihood that the proposed development will directly compete with these stores, and achieve a much lower level of clawback from the wider catchment area; No evidence has been provided to demonstrate that the product range within the Tesco store will significantly vary from the existing offer within Market Warsop; An assessment is required to assess shopping patterns; The impact on top up and basket shopping trips has been under estimated by the applicant; Data sources used by the applicant in their retail assessment should be provided; The proposal would only leave an expenditure of 37% to support existing stores in Market Warsop; The applicant is relying on expenditure which does not exist to support the proposal; The data used to consider shopping patterns is not accurate or robust; PPS4 requires applicants to consider the performance of exiting facilities not to outline benchmark turnovers of those stores; No evidence has been provide to support trade draw assumptions; The application should not be determined until an updated household shopping survey has been undertaken; The Local Planning Authority should instruct independent advice on the application in relation to retail planning issues; The development is not capable of being supported through the planning process when considered against key policies of the development plan; It is illogical of the applicant not to consider the existing Nisa Unit in Market Warsop as part of their sequential assessment as it is the largest unit within the town centre (1093sqm gross internal area) with car parking and is located within the applicant’s catchment area. This could meet the same retail requirements as proposed by the applicant. The short term lease on this store is due for renewal. The re-letting of this unit in the future must be a priority of Market Warsop otherwise this could have detrimental impacts upon the vitality and viability of the centre; The subsequent increase in the catchment area has inflated the overall population and expenditure levels used to justify the appropriateness of the proposed development without any proper consideration given to how a store would in fact cater for this catchment, given the existing PLANNING COMMITTEE DATE 19/12/2011 shopping provision in the surrounding area. Some of the enlarged catchment will not be influenced by Market Warsop. The store will therefore influence a more localised geographic area directly competing exiting convenience provision serving Warsop. The exiting Co-op store is under performing; Letters of support have been received from the occupiers of 3 Greendale Close, 6 Top Sandy Lane, 4 Leeming Close, 14 Stonebridge Lane, 21 Manor Road, 20 Burns Lane and 7 Woodland Grove Warsop in relation to the following summarised grounds: A good new supermarket is needed; The sooner a competitively priced supermarket is open the better; Residents of Warsop need the choice, quality, variety and pricing which can be offered by the proposal; The proposal would bring people into Warsop and with possible visits to other shops in the town centre to the benefit of shop keepers in the area; The proposal will create jobs; The proposal will reduce the need to travel out of Warsop to go food shopping; Will benefit the elderly, parents and children; The proposal will be something positive in the community. Any comments received from Nottinghamshire Police will be reported verbally at the meeting. POLICY & GUIDANCE National Policies Planning Policy Statement 1 – Delivering Sustainable Development Sets out the overarching policy and principles for the planning system. States that new development should be sustainable in nature and should achieve a high quality of design. Planning Policy Statement 4 – Planning for Sustainable Economic Growth Sets out the Government's comprehensive policy framework for planning for sustainable economic development in urban and rural areas. Planning Policy Statement 5: Planning for the Historic Environment Sets out the Government's planning policies on the conservation of the historic environment. PLANNING COMMITTEE DATE 19/12/2011 Planning Policy Guidance 13 – Transport Sets out the objectives to integrate planning and transport at the national, strategic and local level and to promote more sustainable transport choices both for carrying people and for moving freight. Draft National Planning Policy Framework Sets a presumption in favour of sustainable economic development and growth. Advises that Local Planning Authorities should apply a sequential approach to planning applications for retail and leisure uses that are not in an existing centre and not in accordance with an up to date development plan. East Midlands Regional Plan (RSS) Policy 1 – sets out the objectives of the plan with the aim to secure the delivery of sustainable development within the East Midlands. Policy 2 – sets out the criteria for promoting better design. Policy 3 – This policy relates to the distribution of development across the region Policy 7 – sets out the criteria for achieving the regeneration of the northern sub-area. Policy 20 – sets out the regional priorities for employment land. Policy 22 – Sets out the regional priorities for town centres and retail developments. Policy Northern SRS 1 – Sets out the development priorities for the Northern Sub-area and states that Market Warsop is one of a number of settlements which are suitable for development due to urban capacity. Policy Northern SRS 2 – This policy sets out how Policy 22 should be implemented and indicates the importance of Mansfield as a centre by identifying it as a sub-regional retail and service centre where new retail and other town centre uses should be prioritised and provided. Such development should be located in or on the edge of centres to ensure that centres are sustained and enhanced. Paragraph 4.3.21 states that in town and village centres provision should be made to meet local needs, or to support regeneration and maintain or improve the viability of the centre where this can be justified. Saved Mansfield District Local Plan Policies (28/09/07) R6– Sets out the criteria that retail developments outside of existing centres need to meet. R7 - States the criteria that all retail developments must meet. PLANNING COMMITTEE DATE 19/12/2011 E3 – This policy states that the development of employment uses within the urban boundary will be granted provided they meet the six criteria.. E4 – This seeks to protect existing employment land / premises from inappropriate development by ensuring at least one of three criteria can be met. WC2 – This policy seeks to consolidate employment uses within the Burns Lane area of Market Warsop, provided they do not adversely affect the amenity of adjacent residential properties. BE1 – This seeks to ensure a high standard of design is achieved in all new developments; BE6 – This provides a set of 5 criteria that must be met in order for development in conservation areas to be found acceptable; BE7 – This seeks to protect buildings within conservation areas from demolition; BE8 – This policy seeks to protect conservation areas from adjacent development proposals which would adversely affect their character and appearance; BE9 – This seeks to prevent the removal of important features from conservation areas; BE10 – This policy allows development within conservation areas which would enable environmental improvements; M16 – This aims to ensure all developments address movement issues adequately and contains 6 criteria which must all be met; M18 – This sets 5 criteria which need to be met in order for car parking facilities to be found acceptable. Other Guidance Nottinghamshire County Council Planning Contributions Strategy Second Revision January 2007 – set outs the broad requirements for planning contributions to provide for the extra demands falling on services, infrastructure and facilities as a result of proposed development, including contributions towards highway improvements and education provision. The site is an employment consolidation area in the Mansfield District Local Plan (Policy WC2). PLANNING COMMITTEE DATE 19/12/2011 ISSUES The key issues in relation to the proposal relate to the following matters;1. 2. 3. 4. 5. The principle of retail development at the application site The retention of the façade of the bingo hall and cottages The design and appearance of the food store building Highways and car parking Other matters 1. The principle of retail development at the application site In considering the principle of the proposed development consideration must be given to the advice contained in PPS4: Planning for Sustainable Economic Growth, the Draft National Planning Policy Framework and relevant development plan policies. Sequential Assessment The starting point for assessing the principle of development is whether or not an adequate sequential test has been carried out in accordance with Policies EC14, EC15 and EC17 of PPS4 and Saved Local Plan Policy R6 (28/09/07). Four sites have been identified by the applicant and assessed for their availability, suitability and viability; these are: Local Plan site WC4 Existing Co-op site, combined with Local Plan site WC8; Local Plan site WC9 . The applicants have concluded the following. The WC4 site is not available because, although identified in the Local Plan as suitable for retail, it has been developed for housing. The existing Co-op site is suitable in principle as it is already in retail use, however at 397m2 with only 35 car parking spaces, is not large enough to meet the needs of this development. When combined with Local Plan site WC8 (equalling 0.14ha), it is still not large enough for the quantum of floorspace required to bring forward a main food shopping destination. These sites are also assessed as being unavailable due to the fact that the Co-op is still trading, and the WC8 site is an essential car park for the district centre. Local Plan site WC9 was assessed as being unsuitable and unavailable on the basis that at 0.1ha it is too small, and because it is occupied by the ‘Crates and Grapes’ public house which is still trading and provides an attractive historic frontage to the High Street. The Cooperative has objected to this sequential assessment undertaken by the applicant as it fails to consider the existing Nisa Unit located at 2-6 Church Street which is within their ownership. Clarification was sought from the applicant as to why this existing unit was not considered as part of the sequential test and the applicant’s response was that the site is not available and does not meet the size requirements of this proposal. On the basis that PLANNING COMMITTEE DATE 19/12/2011 Nisa is still trading from this site it is considered that little weight can be given to this ground of objection. The location of the application site is considered to be the most sequentially preferable site that is suitable, available and viable. It is therefore considered that the assessment carried out meets the requirements of PPS4, and the conclusion that none of the sequentially preferable sites would meet the requirements of this proposal is accepted. Impact of the proposal PPS4 advises that proposals should only be refused when there is no evidence of a sequential test, and where there is clear evidence that the proposal would lead to significant adverse impacts. The applicant’s retail assessment includes a detailed analysis of the impact of the development using the methodology prescribed in PPS4. Following the submission of the application there has been dialogue between the applicant and the Council’s Planning Policy Team in relation to some of the figures used in this impact assessment. Furthermore, the Co-operative has questioned the robustness of the information and the applicant has been given the opportunity to amend / provide further data in support of their case. The Co-operative has requested that the Council seek independent retail advice in relation to the impact of the development, however given that the retail assessment has been fully assessed by the Council’s Planning Policy Manager, this is not considered to be necessary. Furthermore it should also be noted that a proposal of this scale would not normally require an impact assessment to be undertaken as the floor area falls significantly below the 2500 square metre threshold. An assessment proportionate to the scale of the development has only been provided by the applicant as the development plan is dated and this is in accordance with the requirements contained in PPS4 and the Draft National Planning Policy Framework. Objection has been raised by members of the public that the proposal will directly compete with existing provision within the Market Warsop District Centre, lead to the closure of existing businesses and therefore not promote the vitality and viability of the town centre. A further objection has been raised that the proposal will result in a loss of local jobs if the closure of the bingo hall and existing businesses is taken into consideration. Having considered the retail assessment provided by the applicant and having had consideration to PPS4, I am of the opinion that the proposal would not have a significant adverse effect on the Market Warsop District Centre, the primary catchment area or any other centre. The proposal will however increase customer choice and broaden the range and quality of the retail offer of Market Warsop. It would provide a destination where residents can carry out their weekly shopping, which, on the basis of the amount of expenditure leakage identified and the findings of the 2011 Household Survey appears to be lacking in this area. The site is well linked to the Market Warsop District Centre and it is likely that existing businesses will experience a positive PLANNING COMMITTEE DATE 19/12/2011 impact from the development, as people who would normally shop elsewhere and make linked trips elsewhere will be more likely to use existing local facilities. A condition is however required to restrict the floor area which can be used for the sale of comparison goods to no more than 63 square metres and this is proposed. In addition to PPS4, the proposal is also considered to be in accordance with Saved Local Plan Policies R6 and R7. The site is an employment consolidation area (Saved Policy WC2) and the local plan defines employment as uses falling within B1 (office), B2 (general industry) and B8 (warehouse and distribution). With the exception of the retained façade of the bingo hall which will be used as rentable office space, the proposal would not be in accordance with the site specific objectives of the development plan which is to provide the above mentioned types of employment on the site. The development plan is however dated and PPS4 (published in 2009) encourages Local Planning Authorities to be more flexible in their approach to economic development and provides a much more flexible definition. Furthermore recent appeal decisions since the publication of PPS4 indicate that retail can be an appropriate use on sites originally intended for ‘B’ types uses. In this instance the proposal would provide 31 full time and 47 part time jobs for local people and would contribute to the economic regeneration of the area. PPS4 policies and those reiterated in the Draft National Planning Policy Framework are therefore considered to take precedence over the site specific local plan policy. Accordingly the principle of the development in this location is considered to be acceptable. 2. The retention of the façade of the bingo hall and cottages The Market Warsop Conservation Area boundary runs adjacent and to the rear of the bingo hall and the cottages that face onto Church Street. The façade of the bingo hall, 30 and 30a Church Street (cottages) and 32 and 32a Church Street are to be retained in the development thus maintaining the existing frontage onto Church Street. This was actively negotiated and encouraged by officers at the pre-application stage, following intervention by English Heritage and the Council’s Principal Conservation and Heritage Officer, who are supportive of the retention of these buildings due to their positive contribution to the Market Warsop Conservation Area. The Bingo Hall has an Art Deco frontage and it is this section of the building that would be retained. The rear of this building is much less architecturally significant than the front and it is proposed to demolish this in order to construct the new food store. The Council’s Principal Conservation and Heritage Officer has raised no objection subject to the building being fully recorded prior to demolition. Some workshops located to the rear of No. 32a would also have to be demolished to facilitate the new food store. The Council’s Conservation Officer is of the opinion that the loss of these buildings should be weighed against the benefits of retaining the buildings facing Church Street and on balance is prepared to accept the loss of these buildings, again subject to them being fully recorded prior to demolition. A PLANNING COMMITTEE DATE 19/12/2011 condition is therefore proposed requiring all buildings and the stone setts to Plough Yard to be fully recorded prior to the commencement of development. The Council’s Conservation Officer has recommended that the façade of the bingo hall, the cottages and No. 32 Church Street are renovated and that this issue is controlled by way of a S.106 Agreement. It is however considered that this matter can be dealt with by way of planning conditions and the applicant has stated they will be prepared to undertake a schedule of reasonable works required to enhance the appearance of the retained bingo hall façade and cottages. The new food store building would be located in close proximity to the existing cottages to be retained within the application site, however the new building would be below the ridge height of the cottages. Due to the close proximity of the rear elevation of the cottages it is inevitable that the new development will have an impact upon light reaching the rear windows of these properties. To mitigate this issue, it is the applicant’s intention to refurbish these cottages and consider reconfiguring them internally to reduce the impact of the new building. The retention of the bingo hall façade, cottages is considered to be in accordance with saved Policies BE6, BE7, BE8, BE9, BE10 and the advice contained in PPS5: Planning for the Historic Environment. 3. The design and appearance of the food store building The proposed new food store building would be located to the rear of the retained buildings on Church Street and would be significantly set back from the existing residential properties on the opposite side of Burns Lane. The building would measure 43 wide and 28m deep and would have a maximum height of 5.6m. It would incorporate a very shallow hipped roof although given the floor area of the building it would appear flat. A canopy overhang is proposed to the south elevation covering the pedestrian access from Church Street. The key elevations facing into the car park to the east and the pedestrian route to the south would include large areas of glazing and timber larch panels. The west elevation facing the retained cottages and Church Street would be faced with timber larch panels and the north elevation facing the service area and the former Plough yard would be faced with white cladding. These design characteristics are therefore considered to be representative of a new purpose built food store. However it is consider that the canopy and elevation detailing to the south create a good quality transition between the new building and the Art Deco bingo hall façade. The new building is large in terms of its floor area and overall massing and is not a typical characteristic of the Market Warsop Conservation Area. However it would be screened by other buildings that surround it and will therefore be largely unseen except when viewed from areas adjacent to the car park on Burns Lane. There would be glimpses of the building when viewed from the PLANNING COMMITTEE DATE 19/12/2011 opposite side of Church Street. This issue has been considered by the Council’s Principal Conservation and Heritage Officer and no objection has been raised given that the new store would not be any higher than the ridge line of the cottages and it is proposed to clad the west elevation with timber larch panels which will soften and blend well with existing materials. The design and appearance of the building is considered to have regard to its Conservation Area context and would be in accordance with saved Local plan Policy BE6 and the advice contained within PPS5. 4. Highways and car parking A car park containing 82 spaces, including 4 disability spaces, accessed via a new junction from Burns Lane is proposed. The Head of Neighbourhood Services (Highways) and Nottinghamshire County Council (Highways) have been consulted and no objection has been received in respect of the proposed car parking and access arrangements. While it is accepted that car parking provision is fifteen spaces below the Council’s draft guidance, it is considered that this may be off set against the proximity to the District Centre and bus routes and cycle parking provision (16 spaces) and therefore a relaxation of the guidance is considered to be appropriate in this instance given the advice within PPS4. It is noted that concern has been expressed by members of the public that the proposal will increase traffic on Burns Lane and surrounding roads, however in the absence of any objection from the highways authority, based on the submitted Highway Assessment, this concern cannot be afforded any weight. The proposal would also retain an existing pedestrian linkage between the Plough Public House and Burns Lane and provide an additional pedestrian linkage to the south of the bingo hall and Burns Lane which would make the proposal very accessible for pedestrians and assist crucial linked trips to the Market Warsop District Centre (discussed in issue 1). Nottinghamshire County Council has requested an integrated transport contribution of £44,832 in accordance with the NCC Planning Contributions Strategy. Other than highway works which would be provided as part of the S.278 Agreement, no details of additional works required to enable the development to proceed have been provided which meet the tests identified in Circular 5/05. In the absence of such details, it is not considered reasonable to require the applicant to enter into a S.106 Agreement in this regard. 5. Other Matters The Town and County Planning (Consultation) (England) Direction 2009 provides details of the arrangements and criteria for consulting the Secretary of State. The application has been assessed against the Direction and whilst the proposal is a Departure from the development plan, it does not require referral to the Secretary of State prior to issuing a decision. PLANNING COMMITTEE DATE 19/12/2011 The level of consultation undertaken by the Local planning Authority exceeds the minimum required by the Town and Country Planning (Development Management Procedure) (England) Order 2010. The application has been advertised on site and in the local press on two separate occasions and the occupiers of all neighbouring properties have received written notification. Furthermore, the applicant has undertaken a community consultation event. The issue raised in respect of the discontinuance of the bingo hall is not a material planning consideration and there is no requirement for operator of this business to continue running a bingo facility at the site, Finally, the issue raised in respect of the increasing presence of Tesco within the Mansfield area is not considered to be relevant to this planning application. As discussed in section 1, the site is sequentially preferable and the proposal would not have an adverse impact on either the Market Warsop District Centre, the wider catchment area or any other retailing centre. CONCLUSION The site is well linked to the Market Warsop Centre and it is likely that existing businesses will experience a positive impact from the development as people who would normally shop elsewhere and make linked trips else where are likely to use the local facilities much more. The proposal would not therefore have an adverse impact on the Market Warsop District Centre or wider area and would provide a range of full and part time jobs. The development would retain significant historic assets within the Market Warsop Conservation Area including the façade of the bingo hall, cottages and stone wall facing Church Street. Furthermore the design of the new store building is considered to have regard to its Conservation Area context and the new store building would create a good transition between the Art Deco bingo hall façade and the modern purpose built structure. Car parking and access arrangements are considered to be acceptable and no objection has been received from the Highways Authority. It is therefore recommended that planning permission is granted with conditions. RECOMMENDED CONDITIONS/REASONS/NOTES SUMMARY OF REASONS FOR DECISION In the opinion of the Local Planning Authority the site is well linked to the Market Warsop District Centre, sequentially preferable, and it is considered that the development would not have an adverse impact on the vitality and viability of the Market Warsop District Centre, or wider area. The proposal is considered to meet the need for a weekly food shopping destination and would also provide a number of local jobs. Furthermore, the proposal would achieve a high standard of the design and retain important historic heritage assets including the façade of the bingo hall and the cottages. The proposal is therefore considered to be in accordance with the following national, region and local planning policies:- PLANNING COMMITTEE DATE 19/12/2011 National Policies Planning Policy Statement 1 – Delivering Sustainable Development Sets out the overarching policy and principles for the planning system. States that new development should be sustainable in nature and should achieve a high quality of design. Planning Policy Statement 4 – Planning for Sustainable Economic Growth Sets out the Government's comprehensive policy framework for planning for sustainable economic development in urban and rural areas. Planning Policy Statement 5: Planning for the Historic Environment Sets out the Government's planning policies on the conservation of the historic environment. Planning Policy Guidance 13 – Transport Sets out the objectives to integrate planning and transport at the national, strategic and local level and to promote more sustainable transport choices both for carrying people and for moving freight. Draft National Planning Policy Framework Sets a presumption in favour of sustainable economic development and growth. Advises that Local Planning Authorities should apply a sequential approach to planning applications for retail and leisure uses that are not in existing centre and not in accordance with an up to date development plan. East Midlands Regional Plan [RSS] Policy 1 – sets out the objectives of the plan with the aim to secure the delivery of sustainable development within the East Midlands. Policy 2 – sets out the criteria for promoting better design. Policy 3 – This policy relates to the distribution of development across the region Policy 7 – sets out the criteria for achieving the regeneration of the northern sub-area. Policy 20 – sets out the regional priorities for employment land. Policy 22 – Sets out the regional priorities for town centres and retail developments. PLANNING COMMITTEE DATE 19/12/2011 Policy Northern SRS 1 – Sets out the development priorities for the Northern Sub-area and states that Market Warsop is one of a number of settlements which are suitable for development due to urban capacity. Policy Northern SRS 2 – This policy sets out how Policy 22 should be implemented and indicates the importance of Mansfield as a centre by identifying it as a sub-regional retail and service centre where new retail and other town centre uses should be prioritised and provided. Such development should be located in or on the edge of centres to ensure that centres are sustained and enhanced. Paragraph 4.3.21 states that in town and village centres provision should be made to meet local needs, or to support regeneration and maintain or improve the viability of the centre where this can be justified. Saved Mansfield District Local Plan Policies [28/09/07] R6– Sets out the criteria that retail developments outside of existing centres need to meet. R7 - States the criteria that all retail developments must meet. E3 – This policy states that the development of employment uses within the urban boundary will be granted provided they meet the six criteria.. E4 – This seeks to protect existing employment land / premises from inappropriate development by ensuring at least one of three criteria can be met. WC2 – This policy seeks to consolidate employment uses within the Burns Lane area of Market Warsop, provided they do not adversely affect the amenity of adjacent residential properties. BE1 – This seeks to ensure a high standard of design is achieved in all new developments; BE6 – This provides a set of 5 criteria that must be met in order for development in conservation areas to be found acceptable; BE7 – This seeks to protect buildings within conservation areas from demolition; BE8 – This policy seeks to protect conservation areas from adjacent development proposals which would adversely affect their character and appearance; BE9 – This seeks to prevent the removal of important features from conservation areas; PLANNING COMMITTEE DATE 19/12/2011 BE10 – This policy allows development within conservation areas which would enable environmental improvements; M16 – This aims to ensure all developments address movement issues adequately and contains 6 criteria which must all be met; M18 – This sets 5 criteria which need to be met in order for car parking facilities to be found acceptable. Other Guidance Nottinghamshire County Council Planning Contributions Strategy Second Revision January 2007 – set outs the broad requirements for planning contributions to provide for the extra demands falling on services, infrastructure and facilities as a result of proposed development, including contributions towards highway improvements and education provision. There are no other material considerations which indicate that a decision should be taken at variance with the above policies or guidance. (1) Condition: The development hereby permitted shall be begun before the expiration of three years from the date of this permission. (1) Reason: In accordance with Section 91(1) of the Town and Country Planning Act 1990, as amended by S51(1) of the Planning and Compulsory Purchase Act 2004. (2) Condition: This permission shall be read in accordance with the following plans / details:• Site Location Plan, Drawing No. 6511 – P001, received by the Local Planning Authority on 18 August 2011. • Site Layout, Drawing Number 6511 - P101 Revision A, received by the Local Planning Authority on 18 August 2011. • Proposed Sections, Drawing Number 6511 – P102 Revision B, r eceived by the Local Planning Authority on 18 August 2011. • Proposed Elevations, Drawing Number 6511 – P103 Revision C, received by the Local Planning Authority on 18 August 2011. • Retail Layout, Drawing No 6511 – P107 Revision A, received by the Local Planning Authority on 18 August 2011. • Propose ATM Plan and Elevations of 2 Telling Machine Enclosure, Drawing No. 6511 – P112, received by the Local Planning Authority on 18 August 2011. PLANNING COMMITTEE DATE 19/12/2011 • Site Demolition Plan, Drawing No. 6511-P192, Revision A, received by the Local planning Authority on 18 August 2011. • Strand Cinema Block, Proposed Layouts, Drawing No. 6511 – P121 Revision A, received by the Local Planning Authority on 18 August 2011. • Proposed Public Realm and Surface Finishes, Drawing No. 6511 – P195 Revision A, received by the Local Planning Authority on 18 August 2011. • Site Waste Management Plan, received by the Local Planning Authority on 18 August 2011. The development shall thereafter be undertaken in accordance with these plans / details, unless otherwise agreed in writing by the Local Planning Authority. (2) Reason: To define the permission, for the avoidance of doubt. (3) Condition: No development shall commence until details of the proposed external facing and roofing materials to be used have been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be undertaken in accordance with the approved details. (3) Reason: In the interests of visual amenity and to accord with Saved Policy BE6 (28/09/07) of the adopted Mansfield District Local Plan. (4) Condition: Notwithstanding the submitted details, no development shall commence until a plan indicating the positions, design, materials and type of walls, retaining walls, fences and other means of enclosure to be erected within and along the boundaries of the site have been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be undertaken in accordance with the approved details before the buildings are occupied. (4) Reason: In the interests of visual amenity and to accord with Saved Policy BE6 (28/09/07) of the adopted Mansfield District Local Plan. (5) Condition: No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping. Such a scheme shall include as appropriate: details of proposed and existing shrubs and hedgerows including details of those to be retained and any to be removed, planting plans, written specifications including cultivation and other operations associated with plant and grass establishment, schedules of plants noting species sizes and proposed numbers/densities where appropriate and a programme of implementation. All planting, seeding or turfing indicated in the approved scheme shall be carried out in the first planting and seeding seasons following the occupation of the building or the completion of the development, whichever is the sooner, and any plants which within a period of five years from the completion of the PLANNING COMMITTEE DATE 19/12/2011 development die, are removed, or become in the opinion of the Local Planning Authority seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. The development thereafter shall be undertaken in accordance with the approved details. (5) Reason: In the interests of visual amenity and to accord with Saved Policy BE6 (28/09/07) of the adopted Mansfield District Local Plan. (6) Condition: No development shall be undertaken until details of the future long term maintenance of the landscaped areas have been submitted to and approved in writing by the Local Planning Authority. The maintenance shall thereafter be undertaken in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. (6) Reason: In the interests of visual amenity and to accord with Saved Policy BE6 (28/09/07) of the adopted Mansfield District Local Plan. (7) Condition: The hereby approved food store shall have a net retail floorspace of no greater than 954 square metres . No additional mezzanine areas or retail floorspace shall be formed, nor shall there be any sub-division into smaller units, without the prior consent of the Local Planning Authority. (7) Reason: To define the permission and to protect the vitality and viability of the Market Warsop District Centre. (8) Condition: The primary use of the store shall be restricted to the retailing of food and convenience goods. The retailing and storage of other goods or articles shall be ancillary to the primary use and shall be restricted to a maximum of 63 square metres (6.6%) of the net retail sales area of the store and shall exclude Clothing, footwear, furniture, furnishings, carpets and other floor coverings, household textiles, major household appliances whether electrical or not, tools and equipment for the home and garden, audio-visual equipment, jewellery, clocks, watches, CD’s, DVD’s, mobile telephones, prescription glasses (spectacles) and contact lenses and prescription drugs. (8) Reason: To ensure that the primary use of the store is food and convenience retailing, in the interests of the vitality and viability of the Market Warsop District Centre. (9) Condition: The food store hereby approved shall not be open for customers outside the hours of 07:00 to 22:00 without the prior written consent of the Local Planning Authority. (9) Reason: In the interests of the residential amenities of adjacent occupiers. (10) Condition: No deliveries shall be taken at or dispatched from the application site between the hours of 22:00 and 07:00 on any day. (10) Reason: In the interests of the residential amenities of adjacent occupiers. PLANNING COMMITTEE DATE 19/12/2011 (11) Condition: The external lighting in the delivery yard area shall only be illuminated when deliveries are being taken or dispatched from the delivery yard. (11) Reason: In the interests of the residential amenities of adjacent occupiers (12) Condition: The hours of work during construction and the delivery of materials on to the site shall be restricted to 08.00-18.00 hours MondayFriday, 08.00-13.00 hours Saturdays and no working shall take place on Sundays and Bank Holidays (12) Reason: In the interests of the residential amenities of adjacent occupiers (13) Condition: No development shall take place until the method of working during the construction phase, in the form of an environmental management plan, to include control of noise, vibration and dust emission has been submitted to and approved in writing by the Local Planning Authority. All subsequent construction shall be undertaken in accordance with the approved scheme unless otherwise agreed in writing by the Local Planning Authority. (13) Reason: In the interests of the residential amenities of adjacent occupiers (14) Condition: No development shall commence until details of any air extraction / air conditioning systems, including details of their location, mounting, any noise attenuation measures proposed and extraction duct work have been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be undertaken in accordance with the approved details. (14) Reason: In the interests of the residential amenities of adjacent occupiers (15) Condition: No development shall commence until such time as a litter and waste management scheme has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in its entirety on commencement of the use and maintained in perpetuity. (15) Reason: In the interest of the amenity of the surrounding area. (16) Condition: The development hereby approved shall not be brought into use until a scheme detailing the management of the shoppers / staff car park has been submitted to and approved in writing by the local planning authority. The scheme submitted shall include details of any proposed restrictions on the length of parking within the approved car parking area. The agreed details shall be maintained in perpetuity, unless otherwise agreed in writing by the local planning authority. (16) Reason: To ensure that the car park is managed in an acceptable manner. (17) Condition: No part of the development hereby permitted shall be brought into use until the parking/turning/servicing areas are provided in accordance with Drawing No. 6511-P101, received by the Local Planning Authority on 18 PLANNING COMMITTEE DATE 19/12/2011 August 2011. The parking/turning/servicing areas shall not be used for any purpose other than parking/turning/loading and unloading of vehicles (17) Reason: To ensure that adequate off-street parking provision is made to reduce the possibilities of the proposed development leading to on-street parking in the area. (18) Condition: No part of the development hereby permitted shall be brought into use until details of the proposed cycle parking provision including the layout and design of any required structures has been submitted to and approved in writing by the Local Planning Authority. Cycle parking provision shall thereafter be provided in accordance with the approved details for the life of the permission. (18) Reason: To ensure that cycle parking is available prior to the first use of the development hereby approved, in the interests of promoting sustainable travel. (19) Condition: Prior to the commencement of works on the site, details of a wheel washing facility for construction traffic shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details during construction work. (19) Reason: To reduce the possibility of deleterious material being deposited on the public highway (loose stones etc). (20) Condition: No development shall be commenced until details of all external lighting to be used to illuminate the site has been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be undertaken in accordance with the approved details. (20) Reason: In the interests of visual and residential amenity and highway safety. (21) Condition: The development hereby permitted shall not commence until drainage plans for the disposal of surface water and foul sewage have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use. (21) Reason: To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution. (22) Condition: No part of the development hereby permitted shall be brought into use until the parking/turning area is constructed with provision to prevent the discharge of surface water from the parking / turning area to the public highway in accordance with details first submitted to and approved in writing by the Local Planning Authority. The provision to prevent the discharge of PLANNING COMMITTEE DATE 19/12/2011 surface water to the public highway shall then be retained for the life of the development. (22) Reason: To ensure surface water from the site is not deposited on the public highway causing dangers to road users. (23) Condition: Prior to the commencement of development, details of the external appearance, including materials, of the exposed west elevation of the retained former bingo hall / cinema façade shall be submitted to and approved in writing by the Local Planning Authority. (23) Reason: In the interest of visual amenity and in accordance with Saved Policy BE6 (28/09/07). (24) Condition: Prior to the commencement of development, details of the window glazing to be used in the construction of the new store building shall be submitted to and approved in writing by the Local Planning Authority. (24) Reason: In the interest of visual amenity and in accordance with Saved Policy BE6 (28/09/07). (25) Condition: Prior to the commencement of development, an archaeological watching brief shall be submitted to and approved in writing by the Local Planning Authority. Development shall be undertaken in accordance with the approved recommendations. (25) Reason: To ensure that any valuable archaeological remains are protected. (26) Condition: Notwithstanding the submitted details, prior to the commencement of development, precise details in respect of works to the retained cottage walls, roof and chimneys shall be submitted to and approved in writing by the Local Planning Authority. The approved works to the cottages shall be undertaken prior to the first use of the hereby approved food store. (26) Reason: In the interest of visual amenity and in accordance with Saved Policy BE6 (28/09/07). (27) Condition: Prior to the commencement of development details of the repair works to the stone wall adjacent to Church Street and attached to No. 30 Church Street, shall be submitted to and approved in writing by the Local Planning Authority. Development shall be undertaken in accordance with the approved details. (27) Reason: In the interest of visual amenity and in accordance with Saved Policy BE6 (28/09/07). (28) Condition: Prior to the commencement of development, details of any reconfiguring of the internal rooms of the cottages shall be submitted to and approved in writing by the Local Planning Authority. The internal areas of the cottages shall be reconfigured in accordance with the approved details, prior to the first use of the food store. PLANNING COMMITTEE DATE 19/12/2011 (28) Reason: In the interest of the reasonable residential amenities of the occupants of the properties. (29) Condition: Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended) the retained façade of the former bingo hall shall not be used for any other purpose than B1 (offices) (29) Reason: To define the permission, for the avoidance of doubt. (30) Condition: Prior to the commencement of development, all buildings on site and the stone setts to Plough Yard shall be fully recorded in accordance with Level 2 of the English Heritage Publication Understanding Historic Buildings ‘A Guide to Good Recording Practice (2006). Full details shall be submitted to the Local Planning Authority prior to the commencement of development. (30) Reason: In accordance with the requirements contained within PPS5: Planning for the Historic Environment. (31) Condition: Notwithstanding the submitted details, unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until the following has been complied with and, if unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority, in writing, until Condition 32 has been complied with in relation to that contamination. a) Site Characterisation An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme shall be submitted to and approved in writing by the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be submitted to and approved in writing by the Local Planning Authority and the report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: • human health, • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, • adjoining land, • groundwaters and surface waters, PLANNING COMMITTEE DATE 19/12/2011 • ecological systems, • archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s)(this should be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’ b) Submission of Remediation Scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared and shall be submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. c) Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development, other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of the measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and this shall be submitted to and approved, in writing, by the Local Planning Authority. (31) Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Saved Policy DWM1 (28/09/07) of the adopted Mansfield District Local Plan 1998. (32) Condition: In the event that contamination is found at any time when carrying out the approved development that was not previously identified, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of Condition 31, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of that condition and shall be submitted to and approved in writing by the Local Planning Authority. PLANNING COMMITTEE DATE 19/12/2011 Following completion of the measures identified in the approved remediation scheme, a verification report must be prepared which shall be submitted to and approved in writing by the Local Planning Authority in accordance with Condition 31. (32) Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Saved Policy DWM1 (28/09/07) of the adopted Mansfield District Local Plan 1998. (33) Condition: A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation and the provision of reports on the same must be prepared, both of which shall be submitted to and approved in writing by the Local Planning Authority before the scheme commences. Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be submitted to and approved in writing by the Local Planning Authority. This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’. (33) Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Saved Policy DWM1 (28/09/07) of the adopted Mansfield District Local Plan 1998. (1) Note to Applicant In order to carry out the off-site works required you will be undertaking work in the public highway which is land subject to the provisions of the Highways Act 1980 (as amended) and therefore land over which you have no control. In order to undertake the works you will need to enter into an agreement under Section 278 of the Act. Please contact Justin Ward, Development Control (Highways) on 01623 520711 for details. (2) Note to Applicant The applicant should note that notwithstanding any planning permission that if any highway forming part of the development is to be adopted by the Highways Authority. The new roads and any highway drainage will be required to comply with the Nottinghamshire County Council’s current highway design guidance and specification for roadworks. PLANNING COMMITTEE DATE 19/12/2011 A) The Advanced Payments Code in the Highways Act 1980 applies and under section 219 of the Act payment will be required from the owner of the land fronting a private street on which a new building is to be erected. The developer should contact the Highway Authority with regard to compliance with the Code, or alternatively to the issue of a Section 38 Agreement and bond under the Highways Act 1980. A Section 38 Agreement can take some time to complete. Therefore, it is recommended that the developer contact the Highway Authority as early as possible. B) It is strongly recommended that the developer contact the Highway Authority at an early stage to clarify the codes etc. with which compliance will be required in the particular circumstance, and it is essential that design calculations and detailed construction drawings for the proposed works are submitted to and approved by the County Council (or District Council) in writing before any work commences on site. Correspondence with the Highway Authority should be addressed to:Head of Operational Services Mansfield District Council Civic Centre Chesterfield Road South Mansfield Nottinghamshire NG19 7BH F.A.O Alister Daniels (3) Note to Applicant The applicant is advised the proposed advertisements will require consent under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007. (4) Note to Applicant The Level 2 recording required by condition 30 will require the submission of the following (in accordance with the English Heritage Publication Understanding Historic Buildings ‘A Guide to Good Recording Practice): A descriptive record including • • • • • • • • The buildings precise location in national grid reference and address form A note of Statutory designation (Conservation area) and non –statutory (Local Interest). Documentary evidence/date/age of the building date of the Record, name of recorder/s Summary of the buildings type, purpose/function historically and at present, its materials and date Summary/descriptive record of the interior plan form and exterior form of the building Ownership PLANNING COMMITTEE DATE 19/12/2011 Supported by annotated drawings • • • Measured sketch plans (to scale), section, layout, elevation detailed drawings as existing of all floors noting structural features of historic importance such as blocked windows, doors. Site plan at 1:1250 or 1:500 relating the building to other structures Historical mapping and architects plans (if available) Photography • • • • General views showing the building in its landscape setting Buildings external appearance on all elevations giving an overall impression of its size and shape Overall appearance of the principle rooms and circulation areas Any special features of significance to the building PLANNING COMMITTEE DATE 19/12/2011