BOSTON BOROUGH COUNCIL
Planning Committee – 12 September 2017
Reference No: B/17/0068
Expiry Date: 18-Aug-2017 (extension of time agreed until 15 September)
Application Type: Full Planning Permission
Proposal: Erection of a roadside service area including a truck stop with associated parking, petrol filling station and sales kiosk, coffee shop and freestanding McDonalds drive-thru restaurant
Site: Land off Station Road at the A16/A17 Sutterton Roundabout, Boston, Lincolnshire, PE20 2LF
Applicant: Lindum Group Ltd
Ward: Five Village Parish: Sutterton Parish Council
Case Officer: Polly Harris Gorf
Third Party Reps: 14
Recommendation: Grant
1.0 Reason for Report
1.1 This application has been referred to the Planning Committee for determination in order that Members can consider the implications of the development on the policies relating to development in the open countryside together with transport depots and associated facilities policies.
1.0 Application Site and Proposal
1.1 The application site is a 2.6 hectare (6.5 acres) agricultural field in the open countryside, bounded by the A16 to the east, the A17 to the north at the point where these roads meet at the Sutterton roundabout. Essentially it is the south west quadrant of the roundabout. The southern boundary of the site is marked by the Dowdyke Drain, and there is also a further drain to the west.
1.2 The land is largely flat and open, with sporadic hedging to the boundaries, some of which are located within highway land, rather than on the application site; in particular the landscaping to the A16. The site sits within the B2 Frampton to Fosdyke Settled Fen landscape character area.
1.3 There is a mix of existing land uses around the roundabout its self. To the east is the Little Chef/Burger King development adjacent to a petrol filling station. There is a Mercedes Benz truck servicing centre to the north of the roundabout on to Station Road, and the former railway station building that is now used by a truck and van company. There is a Veterinary Centre to the north west of the roundabout on Waterbelly Lane. Land to the east of the site, a former haulage yard with access from Marsh Road, also has consent (B/15/0294) granted in 2015 for the erection of 2 sheds, a covered tray store and 3 poly tunnels.
The application
1.4 This full application proposes the development of the land to provide for the formation of a roadside service area including a truck stop with associated parking for 57 vehicles, petrol filling station and sales kiosk, coffee shop and a freestanding McDonalds drive-thru restaurant. In addtion there is associated infastructure including drainage provision. The intended end users are proposed to be Trucking World Ltd; a private petrol filling station operating under Shell branding with Starbucks for the coffeeshop element and McDonalds.
1.5 The development is effectively in three parts, linked by a circulatory road way. The truck stop element is proposed in the centre of the site, with parking for 57 HGVs on the western part of the site. The petrol filling station kiosk/shop and canopy would be located to the north-east, occupying the corner of the A16 and A17, and the McDonald’s building and parking would be to the south-east, bounding the A16. Details of all buildings and structures (with the exception of freestanding advertisements) are set out in the application.
1.6 Vehicular ingress to the site is proposed via an “in-access” from the A17 via a left turn only entrance and vehicles would exit the site on to the A16, via a left turn only exit.
2.7 The application is supported by a series of documents: Planning, Design and Access Statement, Materials Schedule, Planning/Sequential Test Assessment, Landscape Review, Transport Assessment, Flood Risk Assessment and Drainage Strategy Report, Phase 1 Ecological Report, Water Vole Survey, Geo-Environmental Report, Noise Impact Assessment, McDonald’s Outdoor Furniture Specification Document, McDonald’s Fencing Details Document and McDonald’s Play Frame Specification Document. Some of these documents have been revised and clarified during the life of the application as a result of statutory consultees’ and other responses.
2.0 Relevant History
2.1 B/03/0309 Roadside Service Area including public house, motel, and petrol filling station. Refused Sept 2003 on the grounds of policy C01 and T5, and the possibility of proliferation of similar users along the main road routes.
2.2 B/04/0092. Outline consent. Construction of a roadside service area including motel and restaurant. Approved 13 Aug 2004. This consent is expired.
2.3 It is to be noted that the current development proposals are materially different from the previous schemes considered on this site. The current proposals were the subject of pre-application correspondence during June and July 2015 (PENQ/15/0122).
3.0 Relevant Policy
Boston Borough Local Plan
4.1 The development plan consists of the saved policies of the Boston Borough Local Plan (Adopted 1999). S.38 (6) of the 2004 Act requires that determination must be made in accordance with the plan unless material considerations indicate otherwise.
4.2 The site is outside the development limits of any settlement and by definition is considered to be open countryside. There are no other policy designations relating to the site and no specific saved policies for the petrol filling station (pfs) or retail elements – saved Policy RTC11 Shops in the Countryside is permissive of small shops in conjunction with other facilities, including pfs’s but small is undefined and it is considered that this application would not fit into any such definition.
4.3 Thus, the saved Local Plan Policies of relevance to this application are as follows:
. C01 Development in the Countryside . ED10 Transport Depots and Lorry Parks . G1 Amenity . G2 Landscape and Wildlife Resources . G3 Foul and Surface Water Disposal . G4 Safeguarding of the Water Environment . G6 Vehicular and Pedestrian Access . G7 Accessible Environments . G8 Air and Soil Resources . G10 External Lighting Schemes
National Planning Policy Framework
4.4 At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development. For decision taking, this means approving development proposals that accord with the development plan without delay. The core planning principles in the NPPF indicates that, amongst other things, planning should:
proactively drive and support sustainable economic development…; always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings; contribute to conserving and enhancing the natural environment and reducing pollution actively manage patterns of growth and make the fullest possible use of public transport, walking and cycling, and focus significant development in locations which are or can be made sustainable. support existing business sectors, taking into account whether they are expanding or contracting and, where possible, identify and plan for emerging sectors likely to locate in their area
4.5 Paras 24 and 25 clarify that local planning authorities should apply a sequential test to planning applications for main town centre uses that are not in an existing centre and are not in accordance with an up-to-date Local Plan, however this sequential approach should not be applied to small scale rural offices or other small scale rural development.
4.6 Chapter 4 of the NPPF deals with the promotion of sustainable transport, and para 34 clarifies that “...decisions should ensure developments that generate significant movement are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised. However this needs to take account of policies set out elsewhere in this Framework, particularly in rural areas.”
4.7 The NPPF encourages the effective use of land by re-using previously developed land (para 111). Authorities should take into account the economic and other benefits of the best and most versatile (bmv) agricultural land (para 112). If significant development is demonstrated to be necessary, authorities are to seek to use areas of poorer quality in preference to that of higher quality. There are no saved Local Plan policies that seek the protection of agricultural land.
4.0 Representations
4.1 As a result of publicity fourteen representations have been received from and on behalf of the following: Malthurst Petroleum Ltd (owners of the existing BP Service Station) (x3); 6 Marsh Road; 25 Churchgate; Lynway, Dowdyke Road; (x2), Waveney, Waterbelly Lane; Cafe at The Moorings, Main Road, Fosdyke; The Barn, Dowdyke Road (x4) and Euro Garages (owners of the existing Little Chef/Burger King).
4.2 The objections and comments can be summarised as follows;
. Contrary to the development plan and loss of high quality agricultural land . Site is within Flood Zone 3. Sequential test has not been carried out as the applicant argues there is a “specific need” for the facility, but this is disputed . Site is not screened from the roundabout and the field and views across it are a prominent feature of the roundabout . Question whether the lorry park is in accordance with Policy ED10 as the development proposes significant facilities (parking, cafe, McDonalds, petrol filling station) for car users and Policy ED10 requires satisfactory landscaping including means of future management . Scale and form of development not consistent with a lorry park and the heights and form of buildings would dominate views around and across the site and have a substantial impact on the B2 Frampton to Fosdyke Settled Fen landscape character area. . No evidence is given for the proposal and it shares the roundabout with the existing Sutterton Services – a petrol filling station with facilities for HGVs, ancillary forecourt shop, ATM, coffee facilities, restaurant and parking area, which meets the needs of motorists . There are numerous petrol filling stations, far more suitable locations and road side facilities between Boston and Spalding and between Sleaford and Kings Lynn which are located less than 10 miles from the proposed site and if a need it identified it would be more appropriate to extend the existing road side facility (the BP Petrol Station, Holbeach Road) . The old Suzy’s café land & buildings on the A17 with extensive land available for truck parking or the Kirton Distribution Park development are suggested alternatives . Accuracy of the plans, the transport assessment and the revised transport assessment . Provision of additional access points onto the A16 and A17 . No (highway) safety audit requested by LCC or provided by the applicant . The roundabout is already extremely busy during peak periods, the added traffic flow will be extremely detrimental to road users. The entrance to the BP filling station is already extremely dangerous . It is the policy of Lincs County Council to keep the number of accesses onto the strategic roads to a minimum, so proving an overriding need of this use would be essential to justify new accesses . Signage would not be possible as it would create confusion and lead to traffic hazard . No pedestrian connectivity . No consideration has been given to the County Council’s published requirements i.e. ‘Highways and Traffic Guidance Notes’ both in terms of highway design and safety audit. . The traffic generation and junction capacity assessments provided in the Transport Assessment are invalid and do not correctly represent the existing and future traffic conditions at the roundabout . No need for more McDonalds in the area . Benefits to the local economy – believe these to be limited as the additional facilities are not required, existing businesses are at risk of failure due to lack of demand, thus resulting in a net same position rather than a positive
. The heavy traffic flows and queues leading to the roundabout have already led to road users using Marsh Road as a cut through between the A16 & A17. This has led to a reduction in the enjoyment of residential property (6 Marsh Road), and the increase in traffic and queues at this roundabout will increase this . Dowdyke Road, Waterbelly Lane and Broad Lane link the A16 south of Sutterton roundabout with the A17 east of the roundabout and are used as a rat run - suggest that one of the lane entrances be permanently closed which would have the effect of discouraging traffic trying to avoid the roundabout . The residents of Waterbelly Lane and Dowdyke Road are looking for restrictions to be placed on these roads before any construction commences and these should be HGV/weight restriction apart from farm vehicles, speed limit - ideally 30mph maximum and Access for residents only . Existing lanes are gridlocked and not safe for pedestrians . Lighting and signage – at the moment able to enjoy a lack of light pollution from the rear of 6 Marsh Road– this site will impact both visually and from a lighting aspect . Pest control – poisoned vermin may poison local birds of prey . Previous consent on the site specifically prohibited the serving of hot food and alcoholic drinks . Security –extremely concerned at the threat to the security of property (6 Marsh Road) . Opening hours should not be 24/7; hours of 6am to 8pm Mon – Sat and 9am to 1pm - Sun (as per B/06/0127 at Sutterton Enterprise Park) would be appropriate . Potential for food odours; litter issues associated with McDonalds who do not promote health and fitness . Ecological impact on site and surrounding drains and there are water voles in Dowdyke Drain . Impact on business of The Mooring’s Cafe, which is a mile or so from the Sutterton roundabout . Noise impact of lorries/HGVs with refrigeration units running, particularly over night . Impact on Human Rights – respect for private and family life . Would need acoustic fencing and increase in air pollution . Wildlife could be impacted by air and water pollution . Over development of the area
4.3 The letter from Rapleys, the contents of which are included in the summaries above, on behalf of the Malthurst Group, concludes by opining that the development is:
. Contrary to the development plan; . No need has been demonstrated for development outside of development boundaries . Road network is already well served, and . Is inappropriate in flood risk terms
5.0 Consultations
5.1 Sutterton Parish Council has considered the submitted and amended documentation and raises no objections
6.2 Lincolnshire CC Highways Development Service has considered the submitted and amended documentation, together with technical notes submitted with objections prepared on behalf of objectors, and have set out specific responses for the Committee as follows –
“The Highway Authority considers that the provision of a Truck Stop facility in this area, and particularly so at the intersection of the two most strategically important 'A' class roads in the Borough, would be of great benefit to the safe operation of the local highway network.
The facility would allow drivers to take their compulsory rest breaks and over-night stops in a purpose-built, secure location and would thereby allow the numerous roadside lay-bys that are currently occupied by the vehicles of those drivers to be used by other road users. It is also expected that the proposed facility would reduce the incidence use of un-surfaced casual/informal stop-over areas on highway verges and in farm gateways that have evolved through 'custom and practice'.
The facility would provide welfare facilities for drivers, and in particular, for long distance and 'continental' drivers who, it is expected, would then be more refreshed and more alert for their onward journeys than they would otherwise be having rested in a roadside lay-by.
It is also expected that the facility would provide access to the internet for communication with both the drivers' transport operator and their home/family. It could also provide detailed directions for the numerous agri-food businesses in the area and provide a safe place for long-distance/continental drivers wait in the event of their arrival in the area before the opening time of their business destination”.
6.3 Finally, the Highway Authority states:
“For your Members further information, the details and conclusions of the Transport Assessment submitted in support of this Application are accepted and agreed by the Highway Authority, who are satisfied that the residual cumulative transportation impacts of the proposed development upon the local highway network, including the recently improved A16/A17 roundabout, would not be sufficiently severe as to warrant refusal of this Application.”
6.4 Welland and Deepings Internal Drainage Board has been in discussions with the applicant regarding the preparation of the Flood Risk and Drainage Strategy Report and has agreed certain details regarding proposed surface water discharge and point out that consent of the Board would be required under the Land Drainage Act. No objections are raised.
6.5 The Environment Agency objected to the originally submitted application on the grounds of foul drainage provision and flood risk. Following discussions and amendments to the Flood Risk and Drainage Strategy Report, the Agency has withdrawn the objection and raise no objection subject to recommended conditions, which are set out below.
6.6 Environmental Protection raised concerns to the originally submitted application regarding noise impact on nearby residents (88 metres away). As a result a noise assessment was undertaken and submitted, and the Environmental Health officer suggests that the night time parking of vehicles with on-board refrigeration plant is limited to the 26 parking bays on the southern boundary of the site (see 5.10 of ENS report), which is expressed in the condition below.
6.0 Planning Issues and Discussions
7.1 The key matters to assess regarding this application are the principle of the development in open countryside and in this specific location assessed against current policy, the consideration of a retail sequential test to justify this location, landscape and wider visual impact considerations, impact on neighbouring businesses and residents (including the Human Rights implications), highway matters, flooding, water disposal and wildlife considerations.
Principle of Development
7.2 The principle of development within the open countryside is to be considered in the light of Policy C01, which precludes development (in the open countryside) unless it is supported by other local plan policies. Policy ED10 is mentioned in the explanatory text of the local plan as one of the potential common exceptions to this policy. This policy is also to be read in conjunction with the more recent National Planning Policy Statement (NPPF), which is addressed above, and sets out a framework of considerations for development.
7.3 Policy ED10 of the Local Plan sets out the following –
“PLANNING PERMISSION WILL BE GRANTED FOR THE PROVISION OF A TRANSPORT DEPOT OR LORRY PARK WHERE: 1) THE PROPOSED SITE IS WELL RELATED TO THE MAIN ROAD NETWORK; 2) THE PROPOSED MEANS OF PEDESTRIAN AND VEHICULAR ACCESS ARE SATISFACTORY; 3) THE PROPOSAL INCLUDES A SATISFACTORY LANDSCAPING SCHEME, INCORPORATING MEANS OF FUTURE MANAGEMENT; 4) THE PROPOSED USE WILL NOT GENERATE LEVELS OF TRAFFIC, DUST, NOISE, SMELL OR OTHER POLLUTION WHICH WILL SIGNIFICANTLY HARM THE AMENITIES OR INTERESTS OF OTHER NEARBY LAND USERS OR RESIDENTS; AND 5) THE PROPOSAL WILL NOT CAUSE UNACCEPTABLE HARM TO THE CHARACTER OF THE LOCALITY DUE TO ITS NATURE, SCALE, DENSITY, LAYOUT, APPEARANCE OR LEVEL OF TRAFFIC GENERATION.
A TRANSPORT DEPOT OR LORRY PARK WILL NOT NORMALLY BE GRANTED PLANNING PERMISSION IN A RESIDENTIAL NEIGHBOURHOOD.
7.4 The purpose of this policy is to ensure that transport depots and lorry parks are located where they would cause the least possible harm to amenity and the character of an area, and be in a location well chosen in relation to the highway network. Vehicular access must also be satisfactory in order to avoid the need for heavy vehicles to use unsuitable minor roads.
7.5 The location of this site, well related to the road network, at the junction of two of the key vehicular routes through the Borough and the wider region, directly linking Boston, Sleaford, Kings Lynn and Peterborough, provides the site with clear links to the highway network, and is located away from main settlement areas The location prevents HGVs that would not otherwise need to enter built up areas from straying of distributor roads.
7.6 The justification of this development, in the light of Policy ED10 is based upon the proposal of the truck stop, although the other elements of the development are part and parcel of this scheme and there will be a synergy across how they function. In order to accord with the intentions of Policy ED10 it is important that the truck stop element is developed and becomes operational and is not left unimplemented in favour of the pfs or drive-through; for this reason a condition to seek clear phasing of development is set out below.
7.7 The support for the development by Lincolnshire CC Highways Development Service is set out at paras 6.2 and 6.3 above. The highways officers have considered all documentation and revised detailing and conclude that this development is to be supported.
Retail Sequential Test
7.8 The next element of policy to consider is the matter of a retail sequential test of the site and uses to ensure that this is an appropriate site for a drive through restaurant/coffee shop proposals, which would normally be located within town centres. The sequential test submitted by the applicant also looks at the provision of the whole development, given that the development links all of the uses proposed as a comprehensive proposal.
7.9 The applicant has submitted a study of other sites, specifically Kirton Distribution Park, Station Road Swineshead and the wider A16/17 road network. The study concludes that for reasons of size, location and availability there are no other sites currently suitable for this development.
7.10 The owners of the petrol filling station (Holbeach Road) and restaurant uses have stated that they are to look at extending to provide HGV facilities and parking. However there is no evidence of this.
7.11 By its nature, this form of development needs to be close to the road network and away from settlements, so by extension it is necessary to accept that an area of open countryside and high quality agricultural land would be developed, in common with other development in the Borough.
Landscape and Visual Impact
7.12 The site is located within the B2 Frampton to Fosdyke Settled Fen landscape character area as detailed in the Landscape Character Assessment of Boston Borough, July 2009.
7.13 The submitted landscape assessment identifies that the key characteristics of this landscape character area comprise:
. a largely flat farmed landscape, . open views with big skies, . a small scale landscape pattern of winding narrow road enclosing small irregularly shaped fields bounded by dykes and ditches, and . limited large scale influences and an intact, fairly remote and evolving working rural landscape. 7.14 The Landscape Character Assessment states the following in relation to new development within the B2 Frampton to Fosdyke Settled Fen: “The location of any new development should be concentrated around existing settlements and developments to prevent any further loss of the rural landscape.”
7.15 The application site is one of a number of landholdings around the Sutterton roundabout, most of which contain established forms of business development relating to the highway network and the reuse of sites following the redundancy of other uses on the site. Although this is previously undeveloped farmland, there is a balance to be struck between the landscape designation and the development already apparent in the area.
7.16 There are views across this site when approaching from the south and west, the development already around the road interchange sets a character of the area, which is seemingly at odds with the landscape designation at this point. It is considered that the development of this site is to be considered in this balance. The Sutterton roundabout as a busy road interchange has an impact on the visual character of this area and on balance it is considered that this development would not have such a significant impact on the wider landscape designation that it would warrant refusal of planning permission.
7.17 This development proposes the removal of a significant element of hedging and landscaping to the A16 boundary (which is within highway land, rather than the application site) in order to achieve safe vehicular egress. It will be crucial that a landscape management regime for this part of the site, and the wider site is in place to ensure that there is sufficient landscaping on the site.
7.18 The scale of the development would have an impact on the character of the area, and this is to be considered in the light of other uses in the area as well as the policy reason of ED10 to provide such forms of development in appropriate locations. The scale and height of the built form of development is typical of this type of development, and although considerable, would not be out of keeping with this type of provision. Again there is a balance to be struck between the provision of the development and wider visual impact.
Impact on Neighbouring Business Uses
7.19 A number of objections have been received from neighbouring businesses, which state that the development is not in accordance with various planning policies, and also cite objections relating to the impact of the proposal on the existing petrol filling station and restaurants/cafes in the area. The matters planning of policy are addressed by this report.
7.20 The matters relating to competition with existing businesses cannot be given weight in the consideration of this scheme. This is since competition within parts of the retail sector is very clearly not a planning matter and may not be taken into account.
7.21 The business interest at the existing petrol filling station (Holbeach Road) and restaurant uses have stated that they are to look at extending to provide HGV facilities and parking. In addition other sites have been suggested by this objector. These sites are not the subject of any applications or approvals and thus there is no evidence to support these assertions.
7.22 Objection has also been raised that the proposal would have limited impact on the local economy since the additional facilities are not required and would impact negatively on the existing services.
7.23 It is considered that the truck facilities being proposed by their scale, facilities and nature are materially different to the facilities already provided in the area. The application would have a significant positive impact on providing safe facilities for HGV drivers and take HGVs off unauthorised and informal parking areas that would be of benefit to the wider area. The level of local highway authority support is to be given weight. In addition the development is likely to provide about 45 full time equivalent jobs to the area.
Impact on Neighbouring Residents
7.24 There are residential dwellings in the surrounding area that would have long distance views to the site. The development’s landscaping is being designed to reduce impact on the visual amenity of residents and this would be ensured by an approved landscape management regime.
7.25 The issue of noise impact has been raised by residents and as a result Environmental Health has carefully considered the proposals. Since submission, amendments have been made to ensure that HGVs with refrigeration units are restricted to those parking spaces furthest from the residential dwellings. This is also to be controlled by condition below.
7.26 There is no evidence that the security of existing dwellings in the area would be impacted by this freestanding development and it has been designed to preclude the use of adjoining minor residential roads.
7.27 Objections have raised the use of the surrounding minor road network as rat runs for traffic trying to avoid the roundabout, that might be further impacted by this development. The roundabout and the access to it have recently been upgraded and this application has been considered taking into account the impact of the development on the road network and the roundabout. The Highway Authority supports the application who will also address the requests for road restrictions and other remedial works.
7.28 The issue of the lighting and signage that has been raised by objectors can be controlled by condition and by separate legislative requirements. It is considered that the development would not have such a negative impact with regard to lighting and signage that permission should be withheld at this time.
7.29 The use of this site for 24 hours a day, 7 days a week has been raised as an objection. However by its very nature it would be necessary for the uses on the site to operate around the clock to service the uses and to ensure that HGVs and other vehicles visiting the site are not encouraged to use other areas for parking, such as the surrounding road network.
Human Rights
7.30 One resident has objected on the grounds of impact on human rights. With regard to the protection of such rights benefitting adjoining neighbours, Article 8(1) of the European Convention on Human Rights states that everyone has the right to respect for private and family life.
7.31 Article 8(2) identifies that there shall be no interference by a public authority with the exercise of Article 8 rights except as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety, the economic well-being of the country, the prevention of crime and disorder, protection of public health or morals, or for the protection of the rights or freedoms of others.
7.32 It can be seen that rights under Article 8(1) are qualified rights and in appropriate circumstances interference may be justified in the public interest. Regulation of the use of land use through development control measures is recognised as an important function of Government and is necessary to ensure the economic well-being of the country. In that sense the regulation of development for legitimate planning aims can be said to be in the public interest. The aim is to strike the right balance between general interests and rights of the wider community and the requirement to protect an individual’s private rights. A key to the principle of a fair balance is the doctrine of proportionality.
7.33 The issues of planning policy in the consideration of development of this form, the justification of the development in the light of wider public and economic gains and the methods that can be implemented to mitigate against negative impact by the use of the planning conditions recommended below, are matters of public and community interest that attract substantial weight in the planning balance. Whilst the granting of consent for this development may have a certain level of impact on neighbouring occupiers, this impact is assessed above and it is concluded that the impact would not be such that planning permission could be refused on that basis. Officers therefore conclude that the granting of permission for this development in conjunction with appropriate conditions would be lawful, necessary and proportionate.
Highway matters
7.34 The originally submitted plans and documentation have been amended since submission to augment and to clarify the applicants’ justification and detailed specification of this development. The safety and function of the proposals have been considered by highways officers who do not raise any issues of safety, layout or form, as it would impact on the site or the wider road network. The authority has not requested a safety audit at this time.
7.35 Additional access points onto the A16 and A17 are accepted as being appropriate and safe by the highway officers. As this proposal is clearly to be associated with the use of the road network and to provide for the road network users, there are no pedestrian footpaths to be provided outside the site (adjoining the A16 and A17). To provide pedestrian links to adjoining settlements some miles away would be disproportionate to the development.
7.36 A condition is suggested below to approve the extents of the access and exit of the site including physical barriers and other measures to prevent right turns into and from the site.
7.37 A technical note was prepared on behalf of the owners of the existing petrol filling station and this has been considered in detail by highway officer, who have concluded that notwithstanding this submission, they have no objection to the proposals. The technical note was provided to the applicants as a courtesy and has been considered by their professional advisers.
7.38 Finally, the safety of the roundabout and wider road network at all times of day including peak flow have been considered and it is concluded that this development would not have such an impact that refusal on highway grounds could be sustained.
Flooding and Water Disposal
7.39 Following objection from the Environment Agency, the proposals and submitted Flood Risk Assessment and foul drainage strategy have been revised. The revised FRA sets out how the whole facility would be managed by a suitably appointed facilities management company that would coordinate the ongoing management and maintenance of surface water and surface drainage, connections to the IDB watercourses and broader potential surface water and ground water flooding.
7.40 The details of permeable surfacing and absorbent filters are shown in the Flood Risk and Drainage Strategy, which is to be an approved document. It is proposed that the finished ground floor levels would be set by condition, and although a minimum level of 3.0m AOD is proposed, the site is currently below the level of the road network and visually this would be of minimal impact.
7.41 It is proposed that surface water drainage is under the jurisdiction of the Welland and Deepings Internal Drainage Board. Preliminary discussions with the IDB have confirmed that there is available storage within the IDB system that would accommodate a discharge rate that is in excess of greenfield runoff rates from the site.
7.42 The applicant states that for operational and commercial reasons, the footprint of the new development will take up the vast majority of the site. Consequently, there is little in the way of available room within the proposed development to incorporate surface drainage features, such as swales, attenuation ponds or detention basins that would offer amenity value or provide additional diversity. It is proposed that on-site attenuation is primarily provided in the form of porous sub-base underneath the lorry park, via a network of perforated carrier drains, supplemented by allowing some storage of water above the surface of the lorry park in extreme events.
7.43 With regard to foul water disposal, there are two options for provision; a pumped connection to the foul sewer or on site package treatment plants for each user. The actual solution can be addressed by condition.
Water and air pollution
7.44 The revised proposals set out a system of drainage and water removal that would not impact upon the quality of watercourses in the area. This is addressed by the pollution prevention measures that would also be controlled by condition.
7.45 With regard to air pollution, the site sits at a busy junction and it is not envisaged that air pollution levels would be impacted upon and Environmental Protection concur.
Wildlife Considerations
7.46 Following objections, an ecology survey was undertaken and protected species were considered. The report identifies that there are water voles within the drains bordering the site and the report goes on to set out mitigation measures, including a further survey if there is a delay to the commencement of work. Comments are awaited from English Nature but subject to the mitigation being regarded as satisfactory, this is proposed to be dealt with by condition.
7.47 The other issue of control of vermin and impacts of such upon existing wildlife would be an issue of the management of the sites and if harm were identified as a result of poor practice then this could be dealt with via wildlife legislation.
Other matters
7.48 Objections have been raised to the provision of signage to the site, as having the potential to create confusion, could lead to traffic hazard and would have a detrimental impact on neighbouring residents. It is to be noted that any applications for advertisement consent would be subject to separate considerations with regard to highway and public safety as well as visual amenity, and would be considered at that point. Signage within the site will be necessary to direct traffic and this is controlled by condition.
7.49 The provision of more fast food outlets has been raised as an objection however the Council does not have policies to restrict such uses, and the NPPF is also silent on the provision of fast food outlets. The matters of odours and litter would be controlled by the management regime of the outlet, and including fume extraction equipment.
7.50 The lighting of the site would be controlled by condition below, to ensure that there is not light spillage from the site. There will be an element of wider views of the lighting of the site, so this will be carefully considered at the time of submission based upon light unit specifications, siting and mounting.
7.0 Summary and Conclusion
7.1 The development as proposed would provide a significant development on this open countryside site and the key matters to assess are the principle of the development in open countryside, the consideration of a retail sequential test to justify this location, landscape and wider visual impact considerations, protected species and any impacts on neighbouring businesses and residents.
7.2 Saved Local Plan Policy ED10 is permissive of the lorry park components of this application subject to criteria. There are no specific saved local plan policies to address the other components and although this proposal includes a number of ‘add- ons’, this is not unusual in terms of road side facilities, particularly when the roundabout does have other similar uses. Although it is subjective, the application can meet all of the criteria in Policy ED10 through the use of conditions on any approval.
7.3 It then becomes a planning policy balance between development in the open countryside and the provision of truck stop and road related facilities. This is economic growth which the NPPF would seek authorities to support and it is considered that this development should be recommended for approval, subject to conditions.
8.0 Recommendation
9.1 It is recommended that Committee grant planning permission subject to the following conditions:
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.
2. The development hereby permitted shall be carried out in accordance with the following approved plans and documents:
. Site Location Plan – L5-567-10A submitted 30 March 2017 (1a/18) . Proposed Site Layout Plan – L5-567-12D submitted 14 June 2017 (4c/18) . Proposed HGV General Layout PPL003/SL-40 Rev E submitted 21 Feb 2017 (10/18) . Proposed HGV Site Elevations – PPL03-SL-41D submitted 21 Feb 2017 (11/18) . Proposed HGV Building Elevations - PPL03-Sl-43A submitted 28 Feb 2017 (10/18) . Proposed HGV Sales Area Plan – PPL03-SL-42B submitted 21 Feb 2017 (7/18) . Proposed HGV Sales Area Elevations – PPL-003-BL-42A submitted 21 Feb 2017 (18/18)
. Proposed PFS General Layout Plan PPL003/SL-30 Rev H submitted 21 Feb 2017 (15/18) . Proposed PFS Site Elevations – PPL03-SL-31F submitted 28 Feb 2017 (8/18) . Proposed PFS Shop Elevations – PPL03-SL-33F submitted 21 Feb 2017 (9/18) . Proposed PFS Building Layout Plan – PPL03-BL-36 submitted 21 Feb 2017 (17/18) . McDonald’s Proposed Site Layout – 7074-SA-8390-P004D submitted 21 Feb 2017 (16/18) . McDonald’s Proposed Block Plan - 7074-SA-8390-P002Csubmitted 21 Feb 2017 (2/18) . McDonald’s Proposed Elevation and Section - 7074-SA-8390-P005B submitted 21 Feb 2017 (12/18) . McDonald’s Proposed Ground Floor Plan and Roof Plans - 7074-SA-8390- P006B submitted 21 Feb 2017 (5/18) . McDonald’s COD DT Canopy Drawing submitted 21 Feb 2017 (3/18) . Planting Plan – 577-58-LD02C submitted 14 June 2017 (12b/18) . McDonald’s Outdoor Furniture Specification Document submitted 28 Feb 2017 . McDonald’s Fencing Details Document submitted 28 Feb 2017 . McDonald’s Play Frame Specification Document submitted 28 Feb 2017 . Materials Schedule submitted 28 Feb 2017 . Planning, Design and Access Statement submitted 28 Feb 2017 . Sequential Test submitted 28 Feb 2017 . RDC Landscape Review (Dec 2016) 577-58/LR/WB/fv submitted 6 March 2017 . Transport Assessment (Rev A) submitted 28 Feb 2017 . FRA and Drainage Strategy Report ref 4898 June 2017 submitted 12 June 2017 . Phase 1 Ecological Report by CBE Consulting submitted 28 Feb 2017 as amended by the Water Vole Survey by ESG W7010 rev 1, submitted 14 June 2017 . Geo-Environmental Report 15-0449.01 submitted 6 March 2017 . Noise Impact Assessment ENS Ltd. NIA/7354/17/7258 v2.1 submitted 14 June 2017
Reason: To ensure the development is undertaken in accordance with the approved details and to accord with saved Local Plan Policy G1.
3. Prior to the first opening to the public of either the petrol filling station or the drive-thru restaurant whichever is the sooner, there shall have been a lawful material commencement of the Truck Stop Building in accordance with approved details.
Reason: To ensure that the development is undertaken in total, in accordance with saved Local Plan Policies G1 and ED10.
4. Night time parking of vehicles with operational on-board refrigeration plant shall be limited to the 26 parking bays on the southern boundary of the site (see 5.10 of ENS report) and no vehicles with operational on-board refrigeration plant shall be parked over night on any other part of the site.
Reason: To ensure the development is undertaken in accordance with the approved details and to accord with saved Local Plan Policy G1.
5. Prior to the commencement of any part of the development a Construction Management Plan (CMP) shall be submitted to and approved in writing by the Local Planning Authority. Development shall then be carried out in accordance with the approved CMP. The CMP shall include, though not necessarily be restricted to the following details:
. A Traffic Management Plan incorporating the routing of construction traffic and traffic management proposals on the A16 and A17 . Measures to minimise and control noise, vibration, dust and fumes during development including any piling plan and specifications . Details of the construction access(es) to the site . Details of the on - site parking facilities of all vehicles of site operatives and visitors . The unloading, loading arrangements and storage arrangements for all construction materials . The location, extent and duration of any stockpiling area . Hours of construction actvity and compound openings . Measures to prevent mud being deposited on the surrounding highways . A programme of implementation for all items above
Reason: This is a pre-start condition to minimise the impact of the development during the construction and to accord with saved Local Plan Policy G1.
6. Prior to the commencement of any part of the development hereby permitted, a detailed design of the access and egress arrangements shall be submitted to, and approved in writing by the local planning authority. The access shall be from the A17 only and egress shall be onto the A16 only. The submitted design shall include physical barriers or other appropriate means to prevent vehicles turning right into the site from the A17 and also to prevent vehicles turning right out of the site onto the A16. The submitted design shall also include details of appropriate advanced directional signage and markings within the highway on all approaches to the A16/A17 junction. The works, as approved, shall be completed prior to the first opening to the public of any part of the development.
Reason: In the interests of safety of the users of the public highway and the safety of the users of the site in accordance saved Local Plan Policies G1, ED10 and G6
7. No part of the development hereby permitted shall commence until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority.
A: The scheme shall: a) Provide details of how run-off will be safely conveyed and attenuated during storms up to and including the 1 in 100 year critical storm event, with an allowance for climate change, from all hard surfaced areas within the development into the existing local drainage infrastructure and watercourse system without exceeding the run-off rate for the undeveloped site; b) Provide attenuation details and discharge rates which, unless agreed otherwise with the surface water receiving body, shall be restricted to 1.4 litres per second per hectare; c) Provide details of the timetable for and any phasing of implementation for the drainage scheme; and d) Provide details of how the scheme shall be maintained and managed over the lifetime of the development, including any arrangements for adoption by any public body or Statutory Undertaker and any other arrangements required to secure the operation of the drainage system throughout its lifetime.
B: The development shall be carried out in accordance with the approved drainage scheme and no part of the development shall be occupied until the approved scheme has been completed or provided on the site in accordance with the approved phasing. The approved scheme shall be retained and maintained in full in accordance with the approved details.
Reason: This is a pre-commencement condition to ensure the permitted development and neighbouring land are not adversely affected by flooding in accordance with saved Local Plan Policies G1 and G3
8. The development shall be carried out in accordance with the approved Flood Risk and Drainage Strategy Report dated June 2017, reference number 4898, compiled by Stirling Maynard Construction Consultants. In particular:
. finished floor levels shall be set no lower than 3.0m AOD, 500mm above existing ground levels . the surface water drainage system shall include the pollution prevention measures set out in section 6.2.14
Reason: To reduce the risk of flooding to and to reduce the risk of pollution of the water environment in accordance with saved Local Plan Policies G1, G3 and G8
9. Notwithstanding the generality of Condition 7 above, the written Maintenance Plan to be produced for the site so that the drainage components as identified in Part 6.2.17 to 6.2.20 of the approved Flood Risk and Drainage Strategy Report dated June 2017 may be correctly managed through inspection and maintenance shall be submitted to the local planning authority within two months of the first occupation of any part of the development.
Reason: In accordance with the application proposals as set out in the approved Flood Risk and Drainage Strategy Report dated June 2017 and in order to ensure that the drainage system which is to be privately maintained remains functional and operational in order to provide for the proper drainage of the site in the interests of the amenities of the area and in order to accord with saved Local Plan Policies G1, G3 and G8.
10. No part of the development shall be commenced until a scheme to dispose of foul drainage has been submitted to and approved in writing by the local planning authority. This shall involve connection to the main foul sewer unless it has been demonstrated that this is not practicable. The scheme shall be implemented as approved prior to the occupation of the development.
Reason: To reduce the risk of pollution to the water environment and ensure that foul sewage is disposed of sustainably in accordance with saved Local Plan Policies G1, G3 and G8
11. Notwithstanding the details submitted within Planting Plan – 577-58-LD02C submitted 14 June 2017, no part of the development shall be occupied until full details of the soft landscaping works have been submitted to and approved in writing by the local planning authority, these works shall be carried out entirely in accordance with the approved details. The scheme shall include:
. All boundary treatments . Planting schedules (species, sizes densities) . Details of the means of future coordination and management of the soft landscaping across the entirety of the site (which may be managed by a suitably appointed facilities management company).
Reason: In the interests of visual amenity and in accordance with Section 197 of the 1990 Act which requires Local Planning Authorities to ensure, where appropriate, adequate provision is made for the preservation or planting of trees, and to ensure that the approved scheme is implemented satisfactorily and in accordance with saved Local Plan Policies G1 and ED10
12. All landscape works shall be carried out in accordance with the approved details within 6 months of the date of the first occupation of any part of the development or substantial completion of development whichever is the sooner. Any trees, plants, grassed areas which within a period of 5 years from the date of planting die, are removed or become seriously damaged or diseased shall be replaced in the first available planting season with others of similar size species or quality.
Reason: In the interests of visual amenity and in accordance with Section 197 of the 1990 Act which requires Local Planning Authorities to ensure, where appropriate, adequate provision is made for the preservation or planting of trees, and to ensure that the approved scheme is implemented satisfactorily. The condition accords with saved Local Plan Policy G1
13. Notwithstanding the details submitted, no part of the development shall be occupied until full details of the internal signage regime within the site to ensure the approved parking regime is adhered to, and to include specific signage for the 26 operational refrigeration parking bays has been submitted to and approved in writing by the local planning authority, these works shall be carried out entirely in accordance with the approved details.
Reason: In order to prevent HGV and other parking not in accordance with the approved details above, in order to protect the amenities of nearby residents in accordance with saved Local Plan Policy G1.
14. No part of the development shall be first opened to the public until, for that particular part, the vehicle circulation routes, hardstanding and parking areas have been constructed, laid out, white lined and made available for use in accordance with the approved details.
Reason: In order to ensure that parking areas are available and clearly laid out in the interests of the safety and amenities of users of the area and surrounding road network in order to comply with saved Local Plan Polices G1 and G6.
15. Notwithstanding the details submitted, no part of the development shall be occupied until full details of the lighting regime, including security lighting, within the site has been submitted to and approved in writing by the local planning authority, these works shall be carried out entirely in accordance with the approved details.
Reason: In order to protect the amenities of nearby residents in accordance with saved Local Plan Policy G1.
16. Operations that involve the destruction and removal of vegetation or hedgerows shall not be undertaken during the months of March to August inclusive, except when approved in writing by the Local Planning Authority, once they are satisfied that breeding birds will not be adversely affected.
Reason: In the interests of resting and breeding birds and to accord with the Wildlife and Countryside Act and in accordance with saved Local Plan Policy G2
17. The development shall be undertaken in accordance with the approved Phase 1 Ecological Report by CBE Consulting submitted 28 Feb 2017 as amended by the Water Vole Survey by ESG W7010 rev 1, submitted 14 June 2017.
Reason: In the interests of resting and breeding birds and to accord with the Wildlife and Countryside Act in accordance with saved Local Plan Policy G2
Definition: In the interpretation of this permission ‘no’ or ‘any part of the development’ means any one of the individual and thus potentially discrete components of the development comprising the petrol filling station canopy and kiosk, drive through restaurant, truck shop and HGV parking area.
Informatives
1. The Environment Agency state that the preferred option, and best practice, would be for the applicant to connect to public foul sewer, as proposed in Option 1 of 6.3.4 of the Flood Risk and Drainage Strategy Report. Given the size and nature of this proposal, Option 2 (package treatment plant) is likely to require a bespoke environmental permit. The Environment Agency will not grant this unless the applicant can demonstrate that this is not practicable to connect to mains.
2. Your attention is drawn to the letter date 13 March 2017 ref NSM/JP/P/S/17 from the Welland and Deepings Internal Drainage Board
3. The unloading of petroleum at a petrol filling station is a permitted activity under the provisions of the Environmental Permitting (England) Regulations 2016 and therefore prior to operation of the petrol filling station the operator of this element will be required to obtain the relevant permit from the BBC Environmental Health Service.
In determining this application the authority has taken account of the guidance in paras 186 – 187 of the NPPF (2012) in order to seek to secure sustainable development that improves the economic, social and environmental conditions of the Borough.
Paul Edwards Development Control Manager