Agenda item

Further to minute 108 the report of the Chief Planning Officer requests Members to consider the erection of permanent storage facility within store car park and variation of condition 1 of previous approval 07/00605/FU relating to delivery hours at Marks & Spencer Store Horsefair, Wetherby, LS22.

(Report attached)

 Prior to the start of this item Cllr. Wilkinson declared another interest as a member of the Wetherby Town Council.

Further to minute 51 of the North and East Plans Panel meeting held on 27^th August 2015, and with reference to minute 84 of the North and East Plans Panel meeting held on 29th October 2015 a meeting took place between Ward Members, M&S and officers try and resolve issues associated with deliveries to the store. This meeting took place on 31^st March 2016.

Ward Councillors John Procter and Alan Lamb along with the Area Planning Manager had attended the meeting on the 31^st March. The Area Planning Manager informed the Panel of the outcome.

Discussions included the following:

•That it was agreed that the proposed storage building was not well located next to the store entrance and that it would be unsightly.

•That alternative locations for it were discussed.

•It was agreed that the external storage been undertaken is unsightly.

•That an alternative arrangement to the storage building would be for an additional vehicle to visit the site and utilise a loading bay on Horsefair and that the crates be loaded onto it and taken away. M&S agreed that if that was achievable it was more desirable than having an additional storage building.

•That there were no objections from a local ward member perspective to the principle of extending the delivery hours so long as certainty could be provided as to the timing of deliveries, by how many vehicles and of what size. Underpinning this is a general desire to allow the store to operate efficiently but in a way that minimises disruption for local people and provides certainty.

•This could include extending delivery hours into the evening if that better suited the operation of the store and also helped reduce disruption for local residents.

•It was agreed that M&S would consider these points and set out their reply in writing.

Whilst positive discussions took place on site, M&S had formally responded and do not propose to amend their applications or withdraw them and wished them to be determined on the basis of the current submission.

A letter and Deliveries Schedule (submitted for information only) had been submitted in response to the meeting.

A summary was provided to the Panel as follows;

·  M&S still require the storage building next to the access

·  This storage unit is not suitable for storage of goods and is used for holding stock equipment and cardboard

·  Removal of the bench was not feasible

o  Well used by the community

o  M&S have no rights over the land

o  A storage building would obscure a historical plaque

o  Use of this area for storage would conflict  with pedestrians

·  The use of a parking bay in Horsefair to hold an additional delivery vehicle was not a feasible option

·  There would be no significant loss to parking provision

Members noted the Delivery Schedule provided which set out the current delivery regime for April 2016. And the fact that M&S did not consider it necessary or relevant to condition as part of any approval and considered that it did not meet the test of paragraph 206 of the NPPF. M&S were of the view that conditioning the delivery schedule had no material effect on the revised 7am delivery time.

An additional letter of support had been received from a resident of Braham who used the M&S regularly and was of the view that M&S enhanced the shopping experience and brought people to the town of Wetherby. The view of the resident was that the retail business should be supported.

Members discussed the following issues:

·  Morrisons on the other side of the residential complex opened for deliveries at 6am

·  The residents seemed happy with the proposed 7am delivery time

·  Use and clarification of a Delivery Management Plan

·  Use of an additional vehicle to collect grates rather than storage

RESOLVED – 15/02635/FU – Panel resolved not accept the officer recommendation that planning permission be granted for the storage building and that permission be refused for reasons relating to its design and siting and consequential harm to the character and appearance of the conservation area.

15/02634/FU - Resolved that permission be granted for the extension of delivery hours subject to an additional condition requiring the submission of a service management plan. Ward Members to be consulted on the submitted details.