Agenda item

To receive and consider the attached report of the Chief Planning Officer regarding the demolition of existing buildings and construction of single storey supermarket with associated works, car parking and landscaping.

The report of the Chief Planning Officer presented an application regarding the demolition of existing buildings and construction of single storey supermarket with associated works, car parking and landscaping.

Members visited the site prior to the meeting and site photographs and plans were displayed and referred to throughout the discussion on this item.

Further issues highlighted in relation to the application included the following:

·  The application had been brought to the Panel at the request of local Ward Members.

·  The site neighboured residential areas – reference was made to the proximity of residential properties and demonstrated with photographs.

·  Access to the site had been agreed following negotiations with the applicant and there would be off site highway improvements.

·  The site was within the Rothwell Conservation area and the design of the store building would reflect this.

·  The site was currently used for industrial purposes and there was no restriction on the hours of use.

·  There would be landscaping to protect residential amenity.

·  Reference was made to the proposed hours of opening and delivery for the proposed store.  These were as follows:

o  Opening times - Monday to Saturday 08:00 to 22:00 and Sundays/Bank Holidays 10:00 to 17:00

o  Delivery times – Monday to Saturday 07:30 to 21:00 and Sundays/Bank Holidays 09:00 to 18:00

·  Members were informed of other representations that had been received both in support and objection to the application.

·  It was reported that condition 19 would be amended to allow lighting to remain on until 22:30 and condition 10 to amend car parking time to two hours.

A local Ward Councillor addressed the Panel with concerns regarding the application.  These included the following:

·  Whilst the provision of a new store was welcomed to provide competition and job opportunities in Rothwell, it was felt that the hours of opening were not acceptable.

·  During negotiations with the applicant, there had been an indication that the proposed store would close at 20:00.  It was felt that support for the application had been based on these hours and not 22:00 as applied for.

·  Concern regarding the effect on amenity for nearby residential properties, many of which housed young families.

·  Concern that there had not been full communication with Planning Officers.

A developer of a nearby housing site addressed the Panel.  He informed the Panel that there would be 14 new houses on the nearby former primary school site and shared same concerns as expressed by the local community, particularly with regards to the opening hours.  It was suggested that the application be deferred to re-consider the hours of operation.

A local resident addressed the Panel with concerns.  These included the following:

·  The proposed store building would only be 3 metres away from the back garden of her home.

·  Sunlight to their home would be obscured.

·  Parking spaces would be very close and would cause disturbance.

·  The applicant had not discussed the proposals with them.

The applicant’s representative addressed the panel.  Issues highlighted included the following:

·  The proposed store would give increased choice and value to the residents of Rothwell.

·  The proposals would see the redevelopment of a brownfield site and the creation of local jobs.

·  The applicant had agreed to reduced hours on Bank Holidays.

·  Noise assessments had been undertaken.

·  Consultation literature relating to the proposals had clearly stated 10.00 p.m. closing times.

·  The proposed closing times were in line with all other similar stores within Leeds.

·  With regards to the comments regarding concerns with parking next to a residential property it was reported that this would be a disabled bay.  Drivers tended to drive forward into these and there should not be a problem with exhaust fumes.

·  There would be landscaping to protect residential amenity and the original footprint of the proposed store had been moved to further distance it from residential properties.

In response to Members comments and questions, the following was discussed:

·  There had been attempted consultation and engagement from the applicant with all parties.  The applicant was willing to discuss boundary treatments in further detail.

·  All other similar stores operated by the applicant in the Yorkshire and North East had opening hours until 22:00.  The applicant offered to reduce this to 21:00 on this application.

·  Due to access arrangements for the site it was not possible to move the footprint of the proposed store building.

RESOLVED – That the application be deferred and delegated to the Chief Planning Officer for approval subject to conditions outlined in the report and Section 106 agreement with the following additions and amendments to conditions:

·  Amendment to condition 5 so opening hours are restricted to 21:00 Monday to Saturday

·  Amendment to condition 10 so car park shall remain open to public and free of charge to the public for a minimum period of 2.5 hours per day (reduced by 30 minutes)

·  Amendment to condition 19 so external lighting to be switched off no later than 21:30 (to reflect revised closing time of 21:00 offered by the applicant)

·  Developer and officers to engage with occupier of 3 Marsh Street with regards to a suitable boundary treatment

·  Ensure landscaped area adjacent to 3 Marsh Street cannot be used as an outdoor smoking area (e.g. spikey planting)