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NB3 S15/1515 Target Decision Date:5th August 2015Committee Date:8th March 2016

Applicant Mr Hugh Casley, Elm House, Elmer Street North, Grantham, Lincolnshire

Agent Mr Jonathon Stockdale, Farrell + Clark Architects, Tudor House, 35 Gresse Street, London

Proposal Erection of two retail unitsLocation Springfield Road, Grantham NG31 7SA Application Type Full Planning PermissionParish(es)

Reason for Referral to Committee

Previous applications on this site have been heard at the Development Control Committee and at the request of Cllr A Stokes.

Recommendation Approved conditionally

Key Issues

Principal of development in this location. Highway safety and parking issues Impact on character of the area and residential amenity

Technical Documents Submitted with the Application

Transport Statement Design and Access Statement Retail statement and sequential assessment Elevation and floor plan drawings

Enquires about this report to: Nigel Bryan Area Planning Officer 6304 n.bryan@southkesteven.gov.uk

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1.0 Introduction

1.1 The application was deferred from the development control committee of 08 December 2015. Members expressed concern about whether or not the car park and deliveries associated with the two additional units would be acceptable given the existing KFC restaurant on the site. As a result of Members' concerns the applicants have submitted an addendum to the Transport Statement, as well as a 'Delivery Management Considerations and Proposals' document.

1.2 Additional information - car parking

1.2.1 The applicants have undertaken a car parking survey over a period of two days to assess the number of cars that enter the site and usage of the car park. The days surveyed were Friday the 15th and Saturday the 16th of January 2016, the Friday was outside the Lincolnshire school holidays. On Friday the number of vehicles on site peaked at 12:56 with a total of 26, on Saturday the peak was at 18:27 with a total of 19. However, 55 percent of all vehicles entering the site used the drive-thru, this means that over the study period the maximum number of vehicles using the car park was 12 on the Friday and 9 on the Saturday. Given that the car park has 38 spaces and the combined floor area of the proposed stores is slightly less than the KFC it is considered that there is more than enough spare car parking capacity to accommodate all vehicles associated with the proposed units.

1.3 Additional information - deliveries

1.3.1 The current number of deliveries to the site has been identified and includes three deliveries per week between 08:30 and 10:30 (Monday, Wednesday and Friday), refuse collections on Tuesday and Friday morning and a gas delivery every other Wednesday at 08:00. This roughly averages out at one delivery a day. It is also apparent that when members visited the site the loading bay was not available as bins were stored in this space. The 'Delivery Management Considerations and Proposals' document identifies a designated area for bins associated with the existing and proposed units to ensure the loading bay is available. Without two identified end users it has not been possible to confirm the number of deliveries to the two units but given that the combined floor of both units is slightly less than KFC, 2400 sqft compared to 2600 sqft, it is fair to assume a similar number, one a day, to the existing operator. The applicants have indicated that they will look to control deliveries through the lease agreement but given that roughly an average of two delivery vehicles will use the site a day it is unlikely that there will be any great conflict and with a condition to ensure that the loading bay is kept free for deliveries, it is not considered that highway safety would be compromised through errant parking or congestion.

1.4 Conclusion

1.4.1 Based on the addendum to the transport statement it is considered that on-site car parking provision is more than adequate to serve the existing and proposed retailers. Furthermore, deliveries will increase to the site but with conditions to ensure the loading bay is not used for other purposes and an estimated two deliveries per day it is not considered that highway safety would be compromised. In addition, Lincolnshire County Council, as Highway Authority have reviewed the submitted information and conclude that this re-affirms their initial view that the two retail units will not be detrimental to highway safety. As a result, and subject to an additional condition to ensure that the loading bay is only used for deliveries and not bin storage, the application is recommended for approval.

1.4.2 For the avoidance of doubt the original committee report is drafted in full below.

2.0 Description of site and application

2.1 The application site forms a largely vacant piece of land, currently grassed, to the east of Kentucky Fried Chicken. Vehicular access to the site would be from Harlaxton Road and the car park shared with the adjacent fast food restaurant, with a total of 38 spaces available. An

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existing bicycle rack would be re-located. A hedge, with pedestrian access through, marks the boundary with Springfield Road.

2.2 The application is for the erection of two retail units on land at the junction of Harlaxton and Springfield Road. The two outlets are what is commonly described as 'pod units' whereby they are occupied by large multinationals that have a presence on the main High Street but also seek small edge of town centre sites to serve existing customers utilising a retail park. The buildings would have a combined internal floor area of 223 sqm with the primary glazed frontage adjacent to the car park. Materials would be a mixture of brick, glazing with roofing materials of aluminium.

3.0 Relevant History

Reference Proposal Decision DateS12/1272 Construction of fast food takeaway with

associated restaurantApproved Conditionally

04/12/2012

4.0 Policy Considerations

4.1 National Planning Policy Framework (NPPF)National Planning Policy FrameworkSection 4 - Promoting sustainable transportSection 2 - Ensuring the vitality of town centresSection 1 - Building a strong, competitive economySection 7 - Requiring good design

4.2 South Kesteven District Council Core StrategyPolicy E2 - Retail DevelopmentPolicy E1 - Employment DevelopmentPolicy EN1 - Protection and EnhancementPolicy SP3 - Sustainable Integrated TransportPolicy SP1 - Spatial Strategy

5.0 SKDC Corporate Priorities

Keep SK clean, green and healthy Grow the economy Support good housing for all Promote leisure, arts and culture

6.0 Representations Received

Heritage Lincolnshire The application would not affect any known sites of archaeological interest.

SKDC Projects Officer (Drainage) No objection.

Planning Policy SKDC Raise no objection to the application noting the updated sequential test and suggested condition to control end users of the site.

LCC Highways & SuDS Support No objection.

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7.0 Representations as a Result of Publicity

7.1 The application has been advertised in accordance with the adopted statement community Involvement with the closing date for representations being the 10 July 2015.

7.2 At the time of writing one letter of objection has been received. Concerns raised are that the shops would be too close to their property and detrimental to amenity through its close relationship and noise that would be generated.

8.0 Evaluation

8.1 Principle of the use

8.1.1 The site formerly housed a Public House with permission for its demolition and replacement with the fast food take away restaurant currently in situ (ref: S12/1272).

8.1.2 The application site falls outside of Grantham Town Centre but is in a location where there have been previous commercial uses and the land is currently underused. The sequential test submitted in support of the application acknowledges that there are more sequentially preferable sites available within the town centre, however, one of the two identified end users is Subway who currently have an outlet in the town centre. Furthermore, the units would compliment the on-site restaurant. The applicant has submitted appeal decisions where similar issues were considered and the outlets deemed to be 'pod units' and restrictive conditions added to ensure that they were not used by generic retail outlets but complimented the existing store without undermining the town centre. On balance, it is considered that, subject to restrictive conditions on the units use, the development complies with Core Strategy policy E2 and guidance contained in paragraph 24 of the NPPF.

8.2 Impact of the proposal on the character of the area and residential amenity

8.2.1 The building would have a large glazed frontage to the car park area, which would step around the corner facing KFC. A large overhang roof would provide a degree of cover for pedestrians to the periphery of the building with the main building material being brick. An amended plan has been received that alters the elevation treatment to Springfield Road and whilst this would be the back of the building it is intended to break up the mass of the elevation through brick detailing and small sections of glazing to create an element of visual diversity within the structure. Furthermore, the existing boundary treatment to Springfield Road, a hedge, is to be retained and will maintain a relatively green frontage to the roadside. Overall the design and orientation of the building is acceptable having regard to the built form that surrounds it, which is a mixture of commercial and residential.

8.2.2 Concern has been raised about possible impacts on residential amenity through the scale of built form and noise that would be generated. However, the building would be single storey in scale with a maximum height of 4.8m and an eave of 3m at its lowest point. The building would be 1.2m from a pedestrian access to the industrial buildings to the north with a residential property beyond. It is not considered that the amenity of the occupiers of Whitsters would be compromised given the scale of building proposed, distance from the dwelling and fact that the residential property is on land raised above the application site.

8.2.3 As a result the application is considered to respect the character of the area and residential amenity and deemed to comply with Core Strategy policy EN1 and guidance contained in paragraph 17 and chapter 7 of the NPPF.

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8.3 Highway issues

8.3.1 Vehicular access to the site would be from Harlaxton Road and shared with Kentucky Fried Chicken (KFC). There are currently 38 parking spaces available, including 4 disabled spaces, which would be shared between the proposed units and KFC. Existing cycle parking that would be removed to facilitate the erection of the building is to be replaced to the south of the proposed building, adjacent to the unloading bay. An existing pedestrian access from Springfield Road into the site would be retained.

8.3.2 A Transport Statement has been submitted in support of the application and concludes that based on the capacity of the car park and likely generation of parking requirements, noting that a number of visitors to KFC are likely to 'drive-thru', there is adequate existing provision for the existing and proposed users, even at peak times. Furthermore, one loading bay is sufficient for the site and loading/unloading is unlikely to occur on adjacent roads where a single yellow line runs adjacent to the site along Springfield Road.

8.3.3 The site is also sustainable in location with good public transport links to central Grantham as well as opportunities for pedestrians and cyclists to access the site. No objection has been received to the application from the Highway Authority with the content of the Transport Statement supported in that parking capacity is sufficient and highway safety would not be compromised. The application is therefore deemed to comply with guidance contained in chapter 4 of the NPPF.

8.4 Conclusion

8.4.1 The application is, by virtue of materials, design, scale and siting deemed to respect the character of the area without having a detrimental impact on residential amenity or the character of the area. Furthermore, it is not considered that highway safety would be compromised with the principle of development, subject to conditions supported too. The application is, therefore, deemed to comply with Core Strategy policies EN1, E2 and SP1 along with guidance contained in the National Planning Policy Framework, with no other material planning considerations to indicate that the application should be determined otherwise.

9.0 Section 106 Heads of Terms

9.1 No Section 106 legal agreement is required by the application.

10.0 Crime and Disorder

10.1 The proposed development raises no significant crime and disorder implications.

11.0 Human Rights Implications

11.1 Articles 6 (Right to fair decision making) and Article 8 (Right to private family life and home) of the Human Rights Act have been taken into account in making this recommendation.

11.2 It is considered that no relevant Article of that act will be breached.

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12.0 RECOMMENDATION: that the development is Approved subject to the following conditions

Time Limit for Commencement

1 The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

Reason: In order that the development is commenced in a timely manner, as set out in Section 91 of the Town and Country Planning Act 1990 (as amended).

Approved Plans

2 The development hereby permitted shall be carried out in accordance with the following list of approved plans submitted as part of the application:

113-396-P01 A113-396-P03 B113-396-P04113-396-P05113-396-P06113-396-P07 A113-396-SK021113-396-SK0220427-PDL-02 B Reason: To define the permission and for the avoidance of doubt.

Before the Development is Commenced

3 No development shall take place until samples of the materials (including colour of render, paintwork or colourwash) to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason: To ensure a satisfactory appearance to the development and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

Ongoing Conditions

4 Notwithstanding the provisions of Schedule 2, Parts 3 and 4 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), the premises shall only be used for the sale of hot and cold food, drinks and snacks for consumption on and/or off the premises, including any other purpose in Classes A3 and A5; of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), and for no other purpose unless Planning Permission for a new use of the premises has been granted by the Local Planning Authority. Reason: To ensure that the viability of existing town centre is not undermined and given evidence contained within the submitted sequential test and to comply with guidance contained in the NPPF.

5 Prior to either of the two stores operating the bin stores identified on the drawing contained in the 'Delivery Management Considerations and Proposals' shall be in situ. The loading bay shall be kept free from obstructions thereafter and be retained for the use of delivery vehicles only.

Reason: To ensure that there is adequate space for delivery vehicles to park on the site, in the interests of highway safety.

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Standard Note(s) to Applicant:

1 You are advised that the application site falls within an area affected by Radon. You are asked to contact the Council’s Building Control section (telephone number 01476 406187) to ascertain the level of protection required and whether a geological assessment is necessary.

2 In reaching the decision the Council has worked with the applicant in a positive and proactive manner by determining the application without undue delay. As such it is considered that the decision is in accordance with paras 186 - 187 of the National Planning Policy Framework.

3 For the avoidance of doubt, coffee shop / coffeehouse chain uses and premises retailing custom prepared sandwiches where the majority of sales are consumed in store are considered to be an A3 use. A smaller proportion of the sales can be for cold foods and sandwiches to be consumed off the premises so long as it does not amount to a material change of use of the unit.

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Site Location Plan

Block Plan

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Proposed elevations

Elevation detail