PLANNING COMMITTEE 20th January 2020 Sam Smith: [email protected] References: P/2019/3227 00580/AI/P1 Unit 5 Bullsbridge Industrial Estate, Hayes Road, Address: Southall, UB2 5LN Ward: Heston West Proposal: Change of use from A1 (non-food) retail to open A1 (including food) retail, subdivision of the existing unit to form two A1 retail units, car park reconfiguration, external alterations and associated works Drawing Numbers: See end of report. Application Received: 04 September 2019 1.0 SUMMARY 1.1 The subject site is the former Toys R Us store in the Bullsbridge Industrial Estate that has been vacant since the business was liquidated in early 2018. 1.2 There is a planning condition on the original 1994 Planning Permission which restricts the use of the site as a food retail business. This application (some 26 years after the original) seeks to subdivide the unit into two stores, accommodating a Lidl food store and Home Bargains. Associated ancillary works including car parking and façade changes are required to facilitate the subdivision and to update the buildings appearance and functionality. 1.3 This report seeks to demonstrate that the proposal will not have an unacceptable impact on the viability of surrounding town centre locations in Hounslow, Hillingdon and Ealing, and also that the proposal would not harm local traffic movements, subject to the imposition of appropriate conditions. 1.4 This report recommends that Members grant Planning Permission for the development, subject to a Legal Agreement and Conditions as recommended in this report. It is therefore recommended that Planning Permission should be APPROVED subject to a legal agreement and the conditions set out at Section 13.0 2.0 SITE DESCRIPTION 2.1 The subject site falls within the Bulls Bridge Industrial Estate located in the north-western corner of the borough, bordering the borough of Hillingdon to the north. 2.2 The site accommodates a c.3,287 square metre retail unit that was formerly a Toys R Us store along with associated car parking, delivery and servicing arrangements. 2.3 Other businesses within the immediate vicinity of the site include a Tesco Extra, service station, vehicle repairs centre, Costco, the Western International Markets and a variety of other light-industrial uses. 2.4 The perimeter of the site can be seen in red on the below diagram, and photographs of the site itself follow after that. 3.0 PLANNING HISTORY 3.1 00580/Q/P23 Erection of retail premises (Class A1) and associated loading and parking including external works. Approved: 28th June 1994 Condition 3 of that permission reads: The premises shall not be used for the sale of food other than that food products ancillary to the primary operation of this development as a non-food retail unit. Condition 4 of that permission reads: No additional floorspace shall be formed within the buildings hereby permitted by means of internal horizontal division without prior written consent of the Local Planning Authority. 4.0 PROPOSAL 4.1 The application seeks planning permission for the following: - External alterations to the existing unit to include the sub-division of the unit into two new retail units (Use Class A1). The two units are proposed to be Lidl and Homes Bargains. For avoidance of doubt, the applicant is seeking an unrestricted/open Class A1 retail use for both of the units; - Erection of a mezzanine floor in the Lidl unit to accommodate ancillary floorspace including staff welfare area, staff toilets, cloakroom, IT room and manager’s offices; - Reconfiguration of the existing car park to provide 98 carparking spaces (a reduction of 34 spaces to the existing) including electric vehicle charging points and cycle parking spaces; and - Associated physical works including installation of a trolley bay, a new loading dock with canopy over and an external plant area to the rear. - Hours 7am-11pm Mon – Sat inc holidays and 10am-6pm Sunday. Will employ approx. 40 FTE staff Proposed Western and Southern Elevations Proposed Northern and Eastern Elevations Proposed Ground Floor Proposed Mezzanine Floor Proposed Car Park Plan 5.0 PROCEDURAL MATTERS Changes to the Use Class Order 5.1 In September 2020, following The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 coming into force, Class A1 (Retail) was absorbed into a wider Class E (Commercial, Businesses and Services). Notwithstanding, this application was made prior the amendment regulations coming into force, as such this application is assessed on the basis of the development falling within ‘old’ Use Class A1. Amendments to the Scheme 5.2 Amendments to the scheme have been made during the course of assessment, namely to the car park layout. Furthermore, additional information relating to the sequential test and retail impact assessment has been received. Determination of the application is made against the drawing numbers and reports specified in the schedule at the end of this report. 6.0 CONSULTATIONS 6.1 65 neighbours were consulted of the application by way of letter issued on 05 September 2019; a Press Noted Published on 20/09/2019 and a Site Notice Posted on 21/10/2019. The nearby Hillingdon and Ealing Councils were also consulted of the application in 2020. 6.2 London Borough of Hillingdon submitted an objection to the proposal, which is considered in the main body of the report. 6.3 London Borough of Ealing raised no objection. 6.4 Transport for London comments are incorporated into the main body of the report. 7.0 POLICY Determining applications for full or outline planning permission 7.1 The determination must be made in accordance with the development plan unless material considerations indicate otherwise. Local finance considerations must also be assessed. The National Planning Policy Framework 7.2 The National Planning Policy Framework (NPPF) was revised on 19 February 2019. The April 2014 National Planning Practice Guidance (NPPG) is an online guidance resource that supports the NPPF. Where pertinent, the NPPF and NPPG are material considerations that will be taken into account in decision-making. The Development Plan 7.3 The Development Plan for the Borough comprises the Council's Local Plan (adopted by the Council on 15 September 2015), the West London Waste Plan and the London Plan Consolidated with Alterations since 2011. 7.4 The draft New London Plan has been through Examination in Public, but has not yet been adopted. The Publication Version of the New London Plan was published in December 2020 with intended adoption in February 2021. The weight given to it remains a matter for the decision maker at this stage. 7.5 The Council are currently undertaking two Local Plan reviews; the West of Borough Local Plan review and the Great West Corridor Local Plan review. These have now been submitted for Examination in Public to the Secretary of State. The weight given to these remains a matter for the decision maker at this stage. 7.6 The adopted Local Plan and emerging Local Plan Review documents can be viewed on the Planning Policy pages of the Hounslow website. Adopted Local Plan Policies TC1 Town and Neighbourhood Centre Network TC2 Ensuring the Future Vitality of Town Centres TC3 Managing the Growth of Retail and Other Main Town Centre Uses TC4 Managing Uses in Town Centres TC5 Managing Neighbourhood Centres and Isolated Local Shops ED1 Promoting Employment Growth and Development CC1 Context and Character CC2 Urban Design and Architecture GB7 Biodiversity EQ1 Energy and Carbon Reduction EQ2 Sustainable Design and Construction EQ3 Flood Risk and Surface Water Management EQ4 Air Quality EQ5 Noise EQ8 Contamination EC2 Developing a Sustainable Local Transport Network IMP1 Sustainable Development LB Hounslow West of Borough – Local Plan Review WOB1Employment Growth WOB6Connecting People and Places P5 Heston and Cranford Neighbourhoods 2016 London Plan Policies 2.15 Town Centres 4.7 Retail and Town Centre Development 5.3 Sustainable Design and Construction Policy 5.7 Renewable Energy 5.13 Sustainable Drainage Policy 6.13 Parking Policy 6.9 Cycling Policy Publication London Plan 2020 SD6 Town Centres and High Streets SD7 Town Centres: Development Principles and Development Plan Documents D4 Delivering Good Design E9 Retail, Markets and Hot Food Takeaways SI1 Improving Air Quality SI2 Minimising Greenhouse Gas Emissions SI7 Reducing Waste and Supporting the Circular Economy T2 Healthy Streets T3 Transport Capacity, Connectivity and Safeguarding T4 Assessing and Mitigating Transport Impacts T5 Cycling T6 Car Parking (T6.3 – Retail) T7 Deliveries, Servicing and Construction T9 Funding Transport Infrastructure through Planning DF1 Delivery of the Plan and Planning Obligations 8.0 ASSESSMENT 8.1 The main planning issues to consider are: The Acceptability in Principle Energy and Sustainability Parking, Servicing and Access Character and Appearance Impact on Neighbours Principle 8.2 The National Planning Policy Framework (NPPF) states that new applications should be considered in the context of the presumption in favour of sustainable development. 8.3 Section 7 of the NPPF seeks to ensure the vitality of Town Centres, and Paragraphs 86-90 set out the requirements for both a sequential test and impact assessment where a main town centre use, such as food-retail, would be located Out-of-Centre and where the floorspace involved exceeds 2500m2. Where an application fails to satisfy the sequential test, or would likely have a significant adverse impact on investment or vitality and viability in nearby town centres, permission should be refused. 8.4 Policy 4.7 of the London Plan 2016 (LP) states that in taking planning decision on proposed retail and town centre development, the following principles should be applied: a. the scale of retail, commercial, culture and leisure development should be related to the size, role and function of a town centre and its catchment b.