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Dc/2018/01175

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Dc/2018/01175 Report to: Planning Committee Date of Meeting: 15 January 2020 Subject: DC/2018/01775 Meols Cop Retail Park, Meols Cop Road, Southport Proposal: Erection of a new retail building (Class A1) to be used as a 'Foodstore', petrol filling station including 'kiosk' and public recycling facility; alterations to access via Meols Cop Road and Foul Lane; provision of new car parking and reconfiguration of existing car park; hard and soft landscaping and associated infrastructure works following the demolition of the existing buildings Applicant: BNP PARIBAS Agent: Mr. Timothy Price DEPOSITORY SERVICES Savills (UK) Ltd LIMITED AND BNP PARIBAS DEPOSITORY SERVICES (JERSEY) LIMITED BEING THE TRUSTEES FOR UBS TRITON NO 2 PROPERTY UNIT TRUST (JERSEY). Report of: Chief Planning Officer Wards Affected: Norwood Ward Is this a key decision? No Is it included in the Forward Plan? No Exempt/Confidential No Summary The application is for a new ground floor level foodstore of 7,450 sq. metres, with car parking and access, a Petrol Filling Station (PFS), recycling facilities and landscaping following the demolition of three vacant retail units, to the south side of Argarmeols Close on the opposite side of Fine Jane’s Brook. The application was originally considered by Members of Planning Committee on 31 July 2019, who were minded to approve subject to referral to the Secretary of State and the completion of a Section 106 Legal Agreement and the planning conditions set out within the report. Though the Secretary of State was satisfied that the Local Planning Authority may determine the application, and the Section 106 is completed, the decision notice has not been released. Further information originally submitted by the applicant in May 2019 has now come to light, which clarifies the impacts of the development in relation to trip generation, and was not reported to Members at July 2019 Committee. As such it is considered appropriate to advise Planning Committee as to the relevance of this information, in order that they may take this into account prior to making their decision. Following a “called-in” inquiry that took place in 2015/16, planning permission was granted on 7 December 2016 by the Secretary of State for Communities and Local Government for a foodstore of 11,089 sq. metres, elevated to first floor level, with revised car parking and access, a Petrol Filling Station, recycling facilities and landscaping following the demolition of three retail units in the same location. The 2016 permission has been lawfully commenced and as such this permission remains extant (i.e. valid) . This represents a “fall back” position now that it has been implemented and this is discussed later in the report and is referred to throughout the report as the “2016 planning permission” for the avoidance of doubt. The “existing building” as referred to throughout the report comprises the proposed to be demolished Units 5A, 6 and 7. This report confirms that the relevant material planning considerations have been fully re- assessed, and maintains the previous conclusion that there will be no significant adverse impacts resulting from the proposal subject to appropriate conditions and the provision of a Section 106 Agreement (already completed). The application must be referred to the Secretary of State to comply with the requirement of the Town and Country Planning (Consultation) Direction 2009 Part 5 as it amounts to development outside a town centre including retail use in an out-of-centre location, is not in accordance with one or more provisions of the development plan and consists of or includes the provision of a building or buildings where the floor space to be created by the development is over 5,000 sq. metres gross of retail floor space. Recommendation That the application be referred to the Secretary of State for determination with a recommendation for approval subject to the provisions of a Section 106 Legal Agreement and the planning conditions set out at the end of the report. The legal agreement will include: Commitment to keeping the Lord Street store open for a minimum five-year period. Commitment to local labour provision. Contact Officer: Steve Matthews Tel: 0345 140 0845 Case Officer: Steve Faulkner Tel: 0345 140 0845 Email [email protected] Background Papers The full planning application including all supporting documents, plans and reports can be viewed at www.sefton.gov.uk/planapps. Site Plan The Site The site comprises land at the Meols Cop Retail Park, accessed via the roundabout junction with Foul Lane, Town Lane and Scarisbrick New Road. The retail park comprises around 19,000 sq. metres of multiple units including an existing foodstore. The application site comprises units 5A, 6 and 7 plus an existing area of car parking, servicing land and landscaping adjacent. There is also a 12,000-sq. metre Tesco Extra food store south of the application site served off the Kew Roundabout, and Kew Retail Park amounting to around 8,000 sq. metres of retail. The site is 200 metres south of the former Kew ‘Park and Ride’ facility. Fine Jane’s Brook and a public footpath run to the northern boundary dividing the site from residential dwellings at Argarmeols Close immediately to the north and there are playing fields to the west. Relevant History The site has been subject to a considerable number of applications in recent years; many for advertisements and minor alterations. The most relevant permission is for the foodstore approved by the Secretary of State in 2016 (DC/2014/00887), referred to above in the Summary and hereon as the ‘2016 permission’. All pre-commencement conditions attached to the 2016 permission were discharged on 31 July 2019, under reference DC/2019/00820. A Certificate of Lawfulness for proposed development was issued on 15 November 2019 under reference number DC/2019/01675 – this confirmed that the proposed installation of piled foundations to enable commencement of the 2016 permission would constitute lawful operations at the time the certificate was sought. A total of five piled foundations were installed prior to 9 December 2019 – the expiry date of the 2016 permission – and consequently, a Certificate of Lawfulness for existing development was issued on 28 November 2019 under reference number DC/2019/01908. The 2016 permission is extant (i.e. valid) and capable of being fully implemented. Consultation Responses Highways Manager No objections subject to conditions. Flooding and Drainage No objections subject to conditions. Air Quality No objections Environmental Health No objections subject to conditions. Contaminated Land Team No objections subject to conditions Merseyside Environmental Advisory Service (MEAS) No objections following receipt of bat emergence/re-entry survey. Environment Agency No comments received. United Utilities No objections subject to conditions and informatives. Police Architectural Liaison Officer No objections. Merseytravel No objection subject to conditions relating to car parking, travel plan, bus stop provisions and use of ‘dial-a-ride’ services. Merseyside Fire and Rescue No objections subject to informatives. Cadent Gas No objection though gas pipelines are identified within the site boundary and may be needed for easements and/or wayleaves. Representations Representations received prior to 31 July 2019 A petition was received containing 30 signatures endorsed by Councillor Pugh. The petition states that it is intended to afford the opportunity for a representative of Southport & Windsor Properties to speak. 2 representations received from residents of Argarmeols Close, objections have also been received from Asda, Southport & Windsor Properties, Aviva and Councillors Pugh and Dawson. Objections are raised on the following grounds: Retail/Town Centre Impacts - New retail impact assessments should be supplied, including updated Household Survey information, - Central 12 Southport Retail Park is a sequential alternative that may become available shortly, and has not been properly considered, - Condition 27 of the 2016 permission contains a restriction requiring Home Bargains to cease trading to avoid a breach, with a consequent impact on the “fall back” position, - True test of fall back is “occupation” as per White City Court case (Trafford Council, 2011), - Discharging of conditions on 2016 permission (expiring December 2019) does not constitute proof that it will be implemented, - Five-year provision for Sainsbury Lord Street foodstore remaining open is unenforceable and not compliant with the Community Infrastructure Levy (CIL) Regulations, - Reduced store size requires reconsideration of trade draw from Asda at Central 12 and Morrisons at Winter Gardens, and figures not provided on a “like for like” basis, with the impact of the 2016 permission not considered with regard to current data, - New store should not be considered in absence of further Retail Strategy Review, - Restrictive conditions will not assist town centre and Meols Cop Retail Park will prove more attractive proposition for town centre retailers, with provision for concession units, - The applicant misled the 2016 Inquiry by saying the former Homebase store would be acquired through vacant possession, only for Homebase themselves to instigate the vacation – impacts on likelihood of fall back being implemented, - Application should not be determined until Retail Strategy Review has been updated. - No need for supermarket as area already well served, - May not create new jobs if merger (of Asda and Sainsburys)
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