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Wolverhampton City Council OPEN DECISION ITEM

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Wolverhampton City Council OPEN DECISION ITEM Agenda Item No: 3 Wolverhampton City Council OPEN DECISION ITEM Committee / Panel PLANNING COMMITTEE Date 19-JUL-05 Originating Service Group(s) REGENERATION AND TRANSPORTATION Contact Officer(s)/ ANDREW JOHNSON (Head of Development Control) Telephone Number(s) (01902) 555610 Title/Subject Matter PLANNING APPLICATIONS Recommendation That Members determine the submitted applications according to the recommendation made in respect of each one. PLANNING COMMITTEE (19-JUL-2005) INDEX REFERENCE SITE ADDRESS PAGE NO Graiseley 05/1002/VV/M Land to the West side of Raglan Street, 3 St Peters 05/0578/OP/M Wolverhampton Retail Core Expansion, 10 & land from Cleveland Street to Temple 05/0589/CA/C Street and PLANNING COMMITTEE - 19-JUL-2005 APP NO: 05/1002/VV/M WARD: Graiseley;St Peters DATE 22-JUN-2005 TARGET DATE: 21-SEP-2005 RECEIVED: APP TYPE: Vary Condition(s) of Previous Approval SITE: Land to the West side of Raglan Street, Wolverhampton PROPOSAL: Amendment of Conditions 3 and 34 of Outline Planning Permission 01/0052/OP to extend the period for the submission of reserved matters until 12 November 2007 APPLICANT: AGENT: Sainsbury's Supermarkets Ltd Turley Associates c/o Agent 25 Saville Row London W1S 2ES REPORT: 1. Site Description 1.1 The application site consists of 9.7 hectares (24 acres) to the west of the St Mark’s Ring Road. The boundary of the site is defined by St Mark’s Ring Road to the east, Raglan Street and St Mark’s Road to the north, Great Brickkiln Street to the south and the rear curtilages of properties fronting Lord Street to the west. The site is generally occupied by large single storey industrial type buildings. The site also contains a number of open areas utilised for car parking and servicing. At the northern end of the site fronting Raglan Street is the locally listed Attwood building. A substantial number of buildings within the site are now vacant. 1.2 The application also includes the car park within the central reservation of the Ring Road and the markets parking and servicing area off Peel Street. A number of adopted highways are included within the application site. These include Stephenson Street, Alexander Street, Herrick Street, Stanhope Street and St Mark’s Street. The main access points into the area are via Raglan Street and Great Brickkiln Street. Page 3 1.3 To the south of the site is an established residential area containing multi storey flatted development. Adjacent to the access to the site is a three storey warehouse in multiple use known as Eagle Works. To the west of the site are a number of residential properties, the Welsh Presbyterian Church and the recently completed residential development on the site of Sheldon House. To the north of the application is the former St Mark’s Church, a Grade II Listed building and occupied as offices. St Mark’s Road is stopped up to vehicular traffic before its junction with Lord Street. 2. Planning History 2.1 The mixed use retail and residential development of the site (reference 01/0052/OP). This application consisted of a mixed use development comprising retail uses (A1,A2,A3), Residential (C3), Leisure (D2), car parking, access and associated works. 2.2 The application was considered by the Council’s Planning Committee at its meeting on 9 October 2001. It was resolved to give delegated authority to the Chief Planning Officer to grant conditional planning permission subject to signing an undertaking under Section 106 of the Town and Country Planning Act. The decision was also subject to the Secretary of State not wishing to call in the application. 2.3 The application included an environmental statement as required under the Town and Country Planning (Environmental Impact Assessment) Regulations 1999. 2.4 The superstore would be on the west side of the Ring Road and adjacent to the realigned Ring Road St Mark’s and Brickkiln Street. The application provided for the movement of the ring Road some 15-20 metres closer to the City Centre. The housing units would be mostly flats above the superstore and above the shops on the Raglan Street frontage. Further private flats would be provided fronting St Mark’s Road. The area of the site is identified as very sheltered housing. 2.5 A number of revisions are proposed to the road network. This includes a new pedestrian crossing across the Ring Road between the development site and the Markets area. Alterations will be made to the Chapel Ash/St Mark’s Road/Raglan Street junction to provide a new arrangement enabling Raglan Street to be made 2-way. Traffic signals would be incorporated on the side access onto Great Brickkiln Street. New signals would be provided on the Penn Road/Lee Road junction with provision for a right turn movement out of Lea Road. New traffic signals would be provided on the Ring Road St Mark’s/Great Brickkiln Street junction to allow for pedestrian and cycle crossing facilities. Other alterations are proposed at the Chapel Ash roundabout and Penn Road roundabout. It would also allow for the reopening of St Mark’s Road to the east of Lord Street to vehicular traffic in the westbound direction, Page 4 with the associated closure of St Mark’s Road to the west of this junction. 2.6 The planning application was subject to a Section 106 unilateral obligation. This secured the following benefits: • The provision of land for a very sheltered housing scheme. • Provision of variable message signage. • Public art. • Open space and public realm improvements. • Traffic calming measures in Aspen Way, Great Brickkiln Street, Lord Street and the installation of speed cameras on the Ring Road between Penn Road and Ring Road St Mark’s. The application was referred to the Secretary of State in accordance with the Shopping Direction. The Secretary of state decided to call in the application for his own determination. Following a Public Inquiry in May 2002 the Secretary of state finally granted planning permission in November of that year. The planning permission was in outline with siting and access to be considered at the time. Conditions were imposed requiring reserved matters to be submitted within three years. 3. Application Details 3.1 The application is made under Section 73 of the Town and Country Planning Act 1990. It seeks to vary Condition 3 (which required the approved of reserved matters within three years of the date of the permission) and 34 (requiring details of the public open space including ramps and retaining walls to be submitted for approval within three years of the date of the permission) to allow for a longer period for submission of reserved matters. The application asks for the period to be extended for a further two years, that is up to November 2007. 3.2 An application under Section 73 of the Act to vary time periods for submission of reserved matters allows the Local Planning Authority to revisit the whole planning permission. As a result it is possible to vary planning conditions etc which were imposed at the time. Page 5 4. Relevant Policies 4.1 As a major application a significant number of the adopted Unitary Development Plan Policies are relevant to the proposal. However, in terms of this particular application the following are considered to be the key policies: S1 – Shopping Strategy S2 – Wolverhampton Town Centre S7 – Large Scale Out of Centre Retailing S8 – Large Out of Centre Retail Stores ENV2 – Design Standards TC1 – Main Shopping Area TC4 – Food Stores TC5 – Large Non Food Retail Warehousing TC6 – General Policy TC15 – Industrial Business (Employment) Areas Since the Secretary of State’s decision to grant planning permission for the Raglan Street site the Council has produced a Revised Unitary Development Plan. The site is identified in the Revised Deposit UDP as development of a high quality mixed use scheme at Raglan Street including a retail food store, bulky comparison retail uses, housing and leisure with strong links to the primary shopping area. 4.2 Other policies of relevance in the Revised Deposit UDP include: SH1 – Centre Strategy SH2 – Centre Uses SH3 – Need and the Sequential Approach SH4 – Integration of Development into Centres SH5 – Wolverhampton City Centre SH11 – New Retail Development Comparison Goods SH12 – New Retail Development Bulky Comparison Goods SH13 – New Retail Development Food Stores Policy CC1 – City Centre Shopping Strategy Policy CC2 – City Centre Business and Employment Policy CC3 – City Centre Housing Policy CC4 – City Centre Environment. 4.3 Since the decision of the Secretary of State to grant planning permission Government guidance in the form of PPS1 and PPS6 has been produced. 5. Publicity 5.1 Site and Press Notices have been posted. The expiry date for the publicity is 25 July 2005. All residents originally notified have been re- notified about the proposed changes to Conditions 3 and 34. Page 6 5.2 One letter has been received from an occupier of an existing commercial premises, located close to the application site, at the junction of Alexander Street and Great Brickkiln Street, expressing concern about major delay in the development of the site that would increase the rate of damage to the property that they occupy. 6. External Consultees 6.1 Centro – No objections 7. Internal Consultees 7.1 Environmental Protection – No objections 8. Appraisal 8.1 The key consideration in this case is whether the circumstances have changed materially since the grant of planning permission by the Secretary of State which would weigh against extending the lifetime of the planning permission. 8.2 The most significant change in circumstances since the granting of planning permission for this important retail development is the publication of PPS 6 ‘Planning for Town Centres’ in March 2005.
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