Agenda item

To consider a report of the Chief Planning Officer on two applications, 15/02634/FU relating to variation of condition 1 of previous approval 07/00605/FU relating to delivery hours and 15/02635/FU in respect of the erection of permanent storage facility within the store car park at Marks & Spencer store, Horsefair, Wetherby.

(report attached)

Further to minute 51 of the North and East Plans Panel meeting held on 27^th August 2015, where Panel agreed to defer consideration of applications relating to delivery hours and erection of a permanent storage facility at the Marks and Spencer store in Wetherby to enable a Members site visit to take place, the Panel considered a further report of the Chief Planning Officer.

Photographs were displayed at the meeting and Members had attended a site visit earlier in the day.

Objections to both applications had been received from Wetherby Town Council and concerns raised by residents at Victoria Court. It was stated that Cllr. J Procter did not object to the applications but had requested that they be considered by Plans Panel due to the concerns about the impact to local residents.

The changes to the delivery times sought a variation in condition 1 of a previous approval to allow deliveries to be received an hour earlier. Currently deliveries are allowed between 08:00 and 18:00 hours Monday to Saturday and 10:00 and 13:00 hours on Sunday and bank holidays.

Members were informed that historically there had been previous permissions for extending opening hours over the Christmas period. 

A planning permission for longer hours had been refused in the past due to the impact on residents living above the premises. 

The current application sought delivery hours to be increased by one hour in the morning, starting at 07.00 Monday to Saturday and 09.00 on Sundays and Bank Holidays

In terms of storage on the site, unauthorised storage was occurring at the front of the store as there was insufficient internal storage to cater for what was a busy and popular store. The proposals were for a timber building with a felt roof to be constructed, with Officers being satisfied on the visual appearance of the proposed building.

On the issue of extending the delivery hours, objections had been received from a number of residents who lived above the premises, with the issues raised being outlined to Panel. The receipt of two letters of support also from residents who lived above the store was reported.

Members were informed of the comments received from colleagues in the Environmental Protection Team who had given strong advice to the effect that deliveries commencing at the times proposed by the applicant would lead to noise and disturbance for local residents.

The Officer’s recommendations in the submitted report to approve the storage building and refuse the extension of delivery hours were noted.

The Panel firstly discussed the application for the new storage facility with concerns being raised in respect of:

·  the need for the additional storage in view of an existing building at the end of the car park which appeared not to be fully utilised, except for the storage of disused items

·  the location and appearance of the proposed storage and that it was inappropriate in siting and design

As Members were minded to refuse the application, the applicant’s agent was invited to address the Panel, with the main points being raised relating to:

·  the lack of space at the store and that alternative locations for the storage had been considered but no other suitable, safe location had been identified

·  that the existing storage area was used to capacity

The Panel considered how to proceed and the Chair asked if Marks and Spencer would enter into a constructive dialogue with Ward Members, with the applicant’s agent stating there was no reluctance from his client to speak with Ward Members

Members then considered the second application relating to the extension of hours, with the applicant’s agent being invited to address the Panel

The main points raised by the applicant related to:

·  the benefits to the local road network and of taking deliveries out of the peak morning period

·  the use of the  company’s quiet delivery protocol

·  consultation with residents living above the store which had indicated initially there was broad support for the application

·  deliveries at Morrisons supermarket located close by which began at 06.00

Members considered how to proceed

RESOLVED – To defer determination of both of the applications to enable further negotiations with the applicant in consultation with Ward Members and that a further report be submitted to Panel to enable Members to determine the applications and to note that the applicant’s agent had agreed that Marks and Spencer would meet with Ward Members