Agenda item

The Committee is requested to consider an application for planning permission, details of which are set out in the accompanying report.

The Committee considered planning application 17/0011 for the erection of a single storey building to form a drive through coffee shop to rear of the existing petrol filling station utilising existing access and egress, with associated landscaping, bin and cycle stores and parking for 25 cars, following demolition of existing residential caravan park.

Mr Shaw presented the Committee with an overview of the application and the proposed site layout, location plans and an aerial view of the site. He reported on a previous refusal of planning permission for the erection of a single storey retail unit with associated parking for six cars within the existing petrol station site with the reason being its close proximity to the site access and the potential for vehicle conflicts within the site and on the public highway.  Mr Shaw advised the Committee that the current proposal would utilise the existing access and egress points serving the petrol filling station and that although it was primarily designed as a road side facility there would also be indoor seating within the proposed coffee shop. Mr Shaw reminded Members that outline planning permission had been granted for the nearby Whyndyke Farm development, subject to the completion of a legal agreement.

Mr Shaw reported on significant ongoing discussions that had been held involving the Agents, their highways consultant and Council officers from Planning and Highways and Traffic Management departments and the changes made to the proposal as a result of those discussions.  He referred to the Head of Highways and Traffic Management’s comments on the amended plans as detailed in the Update Note which recommended conditional approval subject to the provision of a pedestrian crossing. Mr Shaw also referred Members to the Agent’s response to the Head of Highways and Traffic Management request for a pedestrian crossing which in his view did not meet the planning test requirements as outlined in paragraph 204 of the National Planning Policy Framework.  The Agent considered that the pedestrian trips to the site would be minimal as the proposal had been designed as a drive through facility and as such he did not consider that the provision of a formalised pedestrian crossing was proportionate or directly related to the development.  Mr Shaw reported on the absence of any quantification as to how many pedestrians might be attracted to the development and the requirement for payment and provision of any off site highway works being proportionate and directly related to a need arising from the development itself to accord with the requirements of the National Planning Policy Framework. 

The Committee was also referred to the objections made by Mr Gordon Marsden MP and Mr Mark Menzies MP as detailed in the report.

Mr Shaw reported on concerns relating to the loss of existing mobile home dwellings which was subject to a separate ongoing legal dispute between the site owners, the former lessees and the residents.  The lease for the site had expired in January 2016.  He advised the Committee that the granting of planning permission would not override or prejudice any legal rights in relation to the ongoing legal dispute.

In conclusion, Mr Shaw stated his view that the requirement for the provision of a pedestrian crossing facility by the applicant had not been demonstrated and therefore on balance the recommendation to the Committee was to grant permission.

Mr Gratrix spoke in objection to the application on behalf of himself and other residents of the Windmill Caravan Park.  His main concerns related to highway safety due to the increase in traffic as a result of the proposed development and the increased footfall to access the proposed development, the level of which was currently unknown.

Mr Dent, resident of Windmill Caravan Park also spoke in objection to the application and reported his main concerns which related to the impact on the health and wellbeing of the residents of the Caravan Park and the issues that would arise for the residents as a result of the decision by the landowner to terminate the lease.

The Chairman reminded the Committee that whilst Members could be sympathetic to the residents of the Caravan Park, the application before it must be determined on its merits taking into account planning considerations.

During consideration of the application, the Committee noted the location of the proposed development at an already busy junction.  It also had regard to the Head of Highways and Traffic Management’s objection to the proposal due to the lack of a pedestrian crossing being provided by the applicant and the planning officer’s response. The Committee was mindful of the nearby housing estate and Glasdon UK premises and whilst it acknowledged that the level of pedestrian footfall was unknown at this stage, it was mindful of the potential for the residents of the housing estate and staff from Glasdon UK and other businesses to provide pedestrian footfall to the proposed development. The Committee also had regard to the Policy AS1 of the Council’s Local Plan which sets out the general development requirements for new developments and the importance of providing convenient, safe and pleasant pedestrian access to the site and genuine choice for different modes of transport to promote social inclusion, particularly for individuals who did not have regular use of a car. In the absence of a pedestrian crossing, the Committee considered that the proposed development conflicted with this Policy.

On balance, the Committee considered that a pedestrian crossing for the proposed development was necessary in the interests of highway safety and to promote social inclusion.

Resolved:  That the application be refused for the reasons set out in the Appendix to the minutes.

Background papers:  Applications, plans and replies to consultations on the application.