Planning Committee Agenda Item 13 1 September 2010 10/00853/F

TO: PLANNING COMMITTEE

DATE: 1 September 2010

REPORT OF: HEAD OF BUILDING & DEVELOPMENT SERVICES AUTHOR: Drew Blackman

TELEPHONE: 01737 276180

EMAIL: drew.blackman@-.gov.uk AGENDA ITEM: 13 WARD: Chipstead, Hooley and

APPLICATION NUMBER: 10/00853/F VALID: 26 July 2010 APPLICANT: Esso Petroleum Co. Ltd. AGENT: Allan B Matthews LOCATION: ESSO SERVICE STATION, 75 ROAD, HOOLEY DESCRIPTION: Demolition of existing buildings and forecourt, erection of new sales building, forecourt canopy, garage box, (store), fencing to form waste area and condenser compound, external plant, external ATM, satellite dishes, replacement of underground fuel tanks DRAWING NUMBERS: 020/P Rev A, 030/P Rev A, UKF20C, 011/P, 020/P Rev B, 030/P Rev B

SUMMARY

Planning permission is sought for the redevelopment of an existing petrol station at Brighton Road, Hooley. Principally, the proposal would involve the replacement of the existing buildings, forecourt canopy with new, as well as the removal and replacement of the underground fuel tanks. The existing car wash would be removed permanently.

The size of the retail area is consistent with others permitted in recent years. For this reason and given the high turnover of petrol sales at the site, the proposed shop is considered to be ancillary to the petrol station and to accord with both national and Local Plan retail policy in this regard.

The extent of the redevelopment would involve a larger sales building sited at the southern end, wider and deeper than existing and brought closer to the edge of the highway, but similarly located to the existing sales building. The pumps and canopy would be updated and sited further northwards allowing designated parking to be provided to the front of the sales building. Issues such as land contamination and noise are considered to have been dealt with acceptably, subject to conditions controlling them. Overall it is considered that the proposals provide for a rationalisation and update of facilities on site which will enhance the site’s

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RECOMMENDATION

Planning permission is GRANTED subject to conditions.

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Consultations:

Surrey County Council Trading Standards: no objection but comment that their approval would be given on receipt of a full suite of construction drawings.

Highways Agency: no objection subject to conditions.

Highway Authority: no objection subject to conditions.

Head of Community Safety and Environmental Health: no objection subject to conditions to deal with any contamination.

Representations:

Letters were sent to neighbouring properties on 29 July 2010. One letter has been received supporting the proposal.

1.0 Site and Character Appraisal

1.1 The site comprises a petrol filling station with forecourt pumps, retail shop and car wash. It was constructed in the 1980’s and is close to the Hooley parade of shops and BP filling station, to the north. The immediate surroundings are characterised by mainly residential properties on both sides of the A23 with the railway situated to the east of the site. Immediately north of the site is a small car sales showroom. The location, immediately on the A23 Brighton Road, is one that is particularly busy in terms of vehicular traffic throughout the day and the petrol station is a consistent feature with this location.

2.0 Added Value

2.1 Improvements could not be sought prior to submission of the application as the applicant did not approach the Authority.

2.2 Further improvements could be sought from the imposition of conditions to secure materials, boundary treatment, acoustic assessment and/or controls.

3.0 Relevant Planning and Enforcement History

3.1 10/00855/ADV Various advertisements Pending consideration

3.2 07/02597/ADV Non-illuminated ATM top box sign. Granted 20 February 2008

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3.3 07/00864/F Installation of free standing cash Approved machine and anti-ram bollards. 12 June 2007

3.4 01/00303/F Installation of an ATM Approved 10 April 2001

3.5 In addition, there have been recent applications for similar developments on other sites, as follows:

Shell Service Station, Brighton Road,

3.6 00/0906/F - Extension to existing sales building to create A1 and office accommodation. Removal of carwash and provision of new parking. Granted 19 July 2000.

Hillside Service Station, Brighton Road, Redhill

3.7 02/02239/F - Demolition of existing structures and redevelopment to provide new forecourt, shop, Car care facilities & parking. Granted 26 March 2003.

Chequers Service Station, 21 Bonehurst Road, Horley

3.8 04/00092/F - Redevelopment of existing site including demolition of existing structures, new shop building, new washes, new forecourt and canopy over replacement storage tanks. Granted 8 April 2004.

Star Horley Service Station, 2 Brighton Road, Horley

3.9 06/01752/F - Redevelopment of petrol filling station comprising demolition of shop and car wash, removal of 3 no. pump islands, canopy modifications and erection of new shop (class A1), new ATM, car wash, relocated air/water facilities, new car parking, landscaping and associated works. Refused; appeal allowed 5 July 2007.

4.0 Proposal and Design Approach

4.1 Full planning permission is sought for the redevelopment of the existing Esso petrol station, with new underground tanks, new sales building, parking area and re-sited canopy and pumps. The retail area of the sales building to be replaced would approximately double from around 65 square metres presently to 123 square metres (gross). The development would also include condenser units to the southern side of the building, with ancillary store buildings and the creation of eight formalised parking spaces to the front of the sales building. The number of pumps would remain unchanged with six islands but they would be repositioned and updated. Access by way of

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ingress/egress would remain similarly located to the existing, but repositioned slightly to accommodate the development.

4.2 The Design and Access Statement submitted with the application outlines the following points: That the design and layout of the existing facility and its infrastructure (notably the tanks and pumps) is outdated and in need of updating; The station sells a significant volume of petrol by virtue of its location; The established nature of the site offers an opportunity for a sustainable service for the years ahead and that the site should be considered as developable and for maintaining continuity of service to the locality; That the proposed segregation of canopy and sales building opens up the site visually and; The overall contemporary design of the building would be a visual improvement upon the existing.

5.0 Policy Context

5.1 Designation

Urban Area

5.2 Reigate & Banstead Borough Local Plan 2005

Shopping Sh2, Sh12, Sh14 Employment Em2 Movement Mo4, Mo5, Mo6, Mo7

5.3 Other Material Considerations

Planning Policy Statements/Guidance PPS1, PPS4, PPG13, PPS23 Supplementary Planning Guidance A Parking Strategy for Parking Standards for Development Other Human Rights Act 1998

6.0 Assessment

6.1 The issues to consider are: Principle of development and retail impact Design Contamination

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Noise Access and parking

Principle of development and retail impact

6.2 Planning Policy Statement (PPS) 4 “Planning for Sustainable Economic Growth” adopts a sequential approach to the creation of new retail floor space, in the order of (1) town centre; (2) edge-of-centre; and (3) out of centre locations. Preference is given to sites with good connections to the centre; and out-of-centre sites, as well as to sites well served by a choice of transport and which are close to and have potential links with the centre. However, in the case of extensions to existing development, PPS4 advises that the sequential approach is only a relevant consideration where the gross floor space of the proposed extension exceeds 200 square metres. In the case of the present application, the proposed total increase in floor space of the building would be around 133 square metres and the increase in retail area approximately 60 square metres. As the proposal does not involve an increase in retail area of over 200 square metres the sequential test need not be applied. PPS4 further calls upon Local Planning Authorities to ensure that in the case of petrol filling stations, the retail element is limited in scale and genuinely ancillary to the main development, controllable through conditions. As to what is ancillary is a matter of judgment, but would depend on factors such as scale of development involved, range of goods sold and proportion of turnover from goods sold which are not directly related to the main use.

6.3 The existing use of the site is considered to be sui generis and the proposed redevelopment of the site would not change this, with the main income derived from petrol sales. The development of an enhanced sales building including an “On the Run” branded retail shop, of the scale proposed, is considered to remain ancillary to the primary function of the petrol station which is the selling of fuel. The size of the proposed retail area, at 123 square metres, compares favourable to recently permitted redevelopments as follows:

Retail area (sq. m) Application Site Address Existing Proposed 10/00853/F Esso Service Station, Hooley 65 123 06/01752/F Star Service Station, Horley 127 200 02/02239/F Hillside Service Station, Redhill 65 125 00/09060/F Shell Service Station, Horley 80 225

As the above table shows the size of the proposed retail area is smaller than many similar filling station redevelopments permitted recently within the

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Borough. It is concluded that the proposals do not conflict with national and local retail policy.

Design

6.4 The design of the proposed payment station and sales building is that of a fairly typical modern filling station with contemporary fascias and walls of (mushroom grey) metal cladding and aluminium windows with metal doors. Whilst the existing petrol station is of similar materials, the updated design would have a more modern feel to it and would improve the appearance of the site.

6.5 The proposal also seeks to formalise the parking situation with eight parking spaces immediately in front of the shop which together with the removal of the car wash and plant room would improve the northern end of the site, also assisted by a proposed area for landscaping, details of which would be secured by condition. It is therefore considered that the proposal provides a high standard of development that is appropriate for its function and in keeping with the character of the surrounding area. The consideration of advertisements on the site is subject to a separate advert application.

Contamination

6.6 Whilst the site is to be redeveloped to continue a petrol filling station use it is still appropriate that the site is investigated for contamination (particularly in relation to the storage of fuels) in order to remain suitable and safe for its commercial use and representing no risk to controlled waters. For this reason an appropriate condition is recommended so the relevant details can be assessed.

Noise

6.7 The application has been accompanied by a noise assessment from Coteba Limited (dated 22 July 2010). The plant and equipment would be located on the eastern side of the sales building adjacent to a residential property. Although this property is within the same ownership as the filling station, it is still important to assess the noise implications of the proposed plant. The removal of the car wash is considered an improvement in terms of possible noise impacts on the northern part of the site. The location of the proposed plant within an appropriately designed and constructed compound is considered acceptable in principle, having regard to the high ambient noise associated with the A23 Brighton Road, and will not result in an acceptable noise impact on the neighbouring property, subject to the use of suitable condition(s), to control detailing of equipment installed and compound design.

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Access and parking

6.8 The proposal involves amended access/egress points that are similarly sited to existing. The amended access point involves very minimal alteration to the mouth of the ingress whilst the egress point has been brought further north to accommodate for the larger building. Because the A23 is a trunk road at this point, the Highways Agency has been consulted. Neither it nor the Highway Authority (Surrey County Council) has raised any objection, subject to appropriate conditions being imposed.

CONDITIONS

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with Section 91(1) of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in accordance with the following approved plans: 020/P Rev A, 030/P Rev A, UKF20C, 011/P, 020/P Rev B, 030/P Rev B. Reason: In accordance with “Greater Flexibility for Planning Permissions Guidance” (DCLG) 2009.

3. No development shall take place until samples of materials to be used in the construction of the external surfaces of the building, compound and garage hereby permitted have been submitted to and approved in writing with the Local Planning Authority. The development shall be carried out in accordance with these details. Reason: To ensure the development hereby permitted is only constructed using the appropriate external facing materials or suitable alternatives in the interest of the visual amenities of the area in accordance with policy Em2 of the Borough Local Plan 2005.

4. No development shall start until a method of construction statement, to include details of: (a) Parking for vehicles of site personnel, operatives and visitors; (b) Loading and unloading of plant and materials; and (c) Storage of plant and materials

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has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented during the construction period. Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users with regard to Reigate and Banstead Borough Local Plan 2005 policy Mo7.

5. The sales building shall not be operated other than in conjunction with and ancillary to the petrol filling station and the net sales area shall not be increased beyond that shown on the approved plans. Reason: To enable the Local Planning Authority to control the scale of the retail use in the interests of safeguarding the viability of established shopping centres nearby, with regard to policy Sh14 of the Reigate and Banstead Borough Local Plan 2005.

6. Before the commencement of development, details of the new egress crossover shall be submitted to and approved in writing by the Local Planning Authority (in consultation with the Highways Agency). The details shall include design and construction methods, alternative pathways for pedestrians and traffic management for users of the A23 and shall not be constructed other than in accordance with the approved plans and thereafter be permanently maintained. Reason: To ensure that the crossovers are constructed in accordance with the specifications for trunk road. In order that the development does not prejudice highway safety, the free flow of traffic nor cause inconvenience to other highway users with regard to Reigate and Banstead Borough Local Plan 2005 policy Mo7.

7. No new development shall be occupied until space has been laid out within the site in accordance with the approved plans for cars to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. The parking and turning area shall be retained exclusively for its designated purpose. Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users with regard to Reigate and Banstead Borough Local Plan 2005 policy Mo6.

8. No development shall commence on site until a scheme for the landscaping of the site has been submitted to and approved in writing by the Local Planning Authority. Landscaping schemes shall include details of hard landscaping, planting plans, written specifications (including cultivation and other operations associated with tree, shrub, hedge or grass establishment),

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schedules of plants, noting species, plant sizes and proposed numbers/densities and an implementation programme. All hard and soft landscaping work shall be completed in full accordance with the approved scheme, within the first planting season following completion of the development hereby approved or in accordance with a programme agreed with the Local Planning Authority. Any trees shrubs or plants planted in accordance with this condition which are removed, die or become damaged or become diseased within five years of planting shall be replaced within the next planting season by trees, shrubs of the same size and species. Reason: To ensure good arboricultural and landscape practice in the interests of the maintenance of the character and appearance of the area and to comply with policies Pc4 of the Reigate and Banstead Borough Local Plan 2005 and the recommendations within British Standard 5837.

9. Unless otherwise agreed in writing by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until parts (a) to (f) of this condition have been complied with. Site Characterisation (a) A comprehensive written desktop study and site walkover report is undertaken to identify and evaluate possible on and off site sources, pathways and receptors of contamination and enable the presentation of all plausible pollutant linkages in a preliminary conceptual site model (in both diagrammatic and tabular form). The study and walkover report shall be submitted to the Local Planning Authority and is subject to the approval in writing of the Local Planning Authority and any additional requirements that it may specify. (b) A site investigation proposal, detailing the extent and methodologies of sampling and analyses required to enable the characterisation of the plausible pollutant linkages identified in the preliminary conceptual model, shall be submitted to the Local Planning Authority and is subject to the written approval in writing of the Local Planning Authority, and any additional requirements that it may specify, prior to any site investigation being commenced on site. Following approval, the Local Planning Authority shall be given a minimum of two weeks written notice of the commencement of site investigation works. (c) A site investigation and risk assessment, undertaken in accordance with the site investigation proposal as approved that determines the extent and nature of contamination on site and is reported in accordance with the standards of DEFRA’s and the Environment Agency’s Model Procedures for the Management of Contaminated Land (CLR 11), shall be submitted to the Local Planning Authority and is subject to the

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approval in writing of the Local Planning Authority and any additional requirements that it may specify. Remediation (d) A remediation method statement, detailing the extent and method(s) by which the site is to be remediated, to ensure that unacceptable risks are not posed to identified receptors at the site and details of the information to be included in a validation report, has been submitted to and approved in writing by the Local Planning Authority, and any additional requirements that it may specify, prior to the remediation being commenced on site. The Local Planning Authority shall then be given a minimum of two weeks written notice of the commencement of remediation works. (e) Prior to the occupation of the development remediation works at the site shall have been completed in accordance with the approved remediation method statement and any post remediation monitoring identified in the remediation method statement shall be installed by the developer and maintained and operated for as long as identified by the remediation method statement. Submission of Validation Information (f) A comprehensive validation report for the site shall be submitted prior to occupation. The report shall detail evidence of the remediation, the effectiveness of the remediation carried out and the results of post remediation monitoring, in accordance with the approved remediation method statement and any addenda thereto, so as to enable future interested parties, including regulators, to have a single record of the remediation undertaken at the site. The validation report is subject to the approval, in writing of the Local Planning Authority and any additional requirements that it may specify. Action for Unexpected Contamination (g) Contamination not previously identified by the site investigation, but subsequently found to be present at the site, shall result in all development ceasing on site until an addendum to the remediation method statement, detailing how the unsuspected contamination is to be dealt with, has been submitted in writing to the Local Planning Authority. The remediation method statement is subject to the written approval of the Local Planning Authority and any additional requirements that it may specify. Reason: To ensure that the proposed development and any site investigations and remediation will not cause harm to human health or pollution of controlled waters with regard to PPS23.

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10. The development shall not commence until details of surface water works and drainage control have been submitted to and approved in writing by the Local Planning Authority and the works shall be carried out before the development is brought into use. This drainage scheme shall ensure that any polluting substances will not be released into any watercourse, including during the inundation of the site and drainage system by floodwater up to and including a 1 in 100 year event. Reason: To prevent the increased risk of flooding and increased risk of pollution of the environment with regard to PPS23 and policy Ut4 of the Reigate and Banstead Borough Local Plan 2005.

11. No development shall be carried out until details of the condenser compound and all plant and machinery to be installed within the compound have been submitted to and been approved in writing by the Local Planning Authority. The submitted details shall include details of noise attenuation measures to safeguard the amenities of neighbouring residential properties. Reason: In order to safeguard the amenities of adjacent dwellings in regard to the Reigate and Banstead Borough Local Plan 2005 policy Em3.

INFORMATIVES

1. Your attention is drawn to the safety benefits of installing sprinkler systems as an integral part of new development. Further information is available at www.firesprinklers.info.

2. You are advised that the Council will expect the following measures to be taken during any building operations to control noise, pollution and parking: (a) Work that is audible beyond the site boundary should only be carried out between 08:00hrs to 18:00hrs Monday to Friday, 08:00hrs to 13:00hrs Saturday and not at all on Sundays or Bank Holidays; (b) The quietest available items of plant and machinery should be used on site. Where permanently sited equipment such as generators are necessary, they should be enclosed to reduce noise levels; (c) Deliveries should only be received within the hours detailed in (a) above; (d) Adequate steps should be taken to prevent dust-causing nuisance beyond the site boundary. Such uses include the use of hoses to damp down stockpiles of materials, which are likely to generate airborne dust, to damp down during stone/slab cutting; and the use of bowsers and wheel washes; (e) There should be no burning on site; (f) Only minimal security lighting should be used outside the hours stated above; and

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(g) Building materials and machinery should not be stored on the highway and contractors’ vehicles should be parked with care so as not to cause an obstruction or block visibility on the highway. Further details of these noise and pollution measures can be obtained from the Council’s Environmental Health Services Unit. In order to meet these requirements and to promote good neighbourliness, the Council recommends that this site is registered with the Considerate Constructors Scheme - www.ccscheme.org.uk/index.php/site-registration.

3. The applicant is encouraged to provide renewable technology within the development hereby permitted in order to reduce greenhouse gas emissions.

4. The permission hereby granted shall not be construed as authority to obstruct the public highway by the erection of scaffolding, hoarding or any other device or apparatus for which a license must be sought from the Highway Agency or the Highway Authority as appropriate.

5. The permission hereby granted shall not be construed as authority to carry out works on the highway. The applicant is advised that a license must be obtained from the Highway Agency or the Highway Authority as appropriate before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway.

6. The applicant is advised that as part of the detailed design of the highway works required by the above condition(s), the Highway Agency or the Highway Authority as appropriate may require necessary accommodation works to street lights, road signs, road markings, highway drainage, surface covers, street trees, highway verges, highway surfaces, surface edge restraints and any other street furniture/equipment.

REASON FOR PERMISSION

The development hereby permitted has been assessed against development plan policies Em2, Sh2, Sh12, Sh14, Mo4, Mo5, Mo6, Mo7 and material considerations, including third party representations. It has been concluded that the development is in accordance with the development plan and there are no material considerations that justify refusal in the public interest.

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