Report of the Strategic Director of Regeneration and Culture to the Meeting of the Area Planning Panel (KEIGHLEY and SHIPLEY) to Be Held on 2 July 2014 A

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Report of the Strategic Director of Regeneration and Culture to the Meeting of the Area Planning Panel (KEIGHLEY and SHIPLEY) to Be Held on 2 July 2014 A Report of the Strategic Director of Regeneration and Culture to the meeting of the Area Planning Panel (KEIGHLEY AND SHIPLEY) to be held on 2 July 2014 A Summary Statement - Part One Applications recommended for Approval or Refusal The sites concerned are: Item No. Site Ward 1. 1 Berry Drive Baildon West Yorkshire BD17 7GA - Baildon 14/00726/VOC [Approve] – page 2 2. 44A Main Street Addingham West Yorkshire LS29 Craven 0PL - 14/01047/FUL [Approve] – page 8 3. 56 Nab Wood Crescent Shipley West Yorkshire BD18 Shipley 4HY- 14/01082/HOU [Approve] – page 16 4. 8-10 Richmond Street Keighley West Yorkshire BD21 Keighley Central 2HH - 14/00967/FUL [Approve] – page 24 5. Baildon Golf Club Moorgate Baildon West Yorkshire Baildon BD17 5PP - 14/00591/FUL [Approve] – page 29 6. Long Meadows Fyfe Lane Baildon West Yorkshire Baildon BD17 6DP - 13/01663/FUL [Approve] – page 41 7. Street House Farm The Street Addingham West Craven Yorkshire LS29 0JY - 13/03716/FUL [Approve] – page 50 8. Woodfield House Woodfield Road Cullingworth Bingley Rural Bingley West Yorkshire BD13 5JL - 14/01182/FUL [Approve] – page 66 9. 39 Southway Eldwick Bingley West Yorkshire BD16 Bingley 3EW - 14/00526/FUL [Refuse] – page 86 Julian Jackson Portfolio: Assistant Director (Planning, Transportation and Change Programme, Housing and Highways) Planning Report Contact: Mohammed Yousuf Improvement Committee Area: Phone: 01274 434605 Regeneration and Economy Email: [email protected] Report to the Area Planning Panel (Keighley and Shipley) Area Planning Panel (Keighley and Shipley) 14/00726/VOC 2 July 2014 © Crown copyright 2000. All rights reserved (SLA 100019304) LOCATION: ITEM NO. : 1 1 Berry Drive Baildon - 1 - Report to the Area Planning Panel (Keighley and Shipley) 2 July 2014 Item Number: 1 Ward: BAILDON Recommendation: TO GRANT PERMISSION FOR VARIATION OF CONDITION Application Number: 14/00726/VOC Type of Application/Proposal and Address: Variation of condition 15 of planning permission 09/00960/FUL to allow the store to be open for business an hour earlier in the morning. Proposed condition: 'The retail premises hereby approved shall not be open for business between the hours of 2300 and 0600 and no customer shall be served or otherwise make use of the premises between these hours'. Tesco Express Store 1 Berry Drive, Baildon, Shipley. Applicant: Tesco Stores Limited Agent: DPP1 Limited Site Description: The site is the recently built Tesco Express convenience store located adjacent to Otley Road, Baildon, which is a busy “A” Classified Road. The new retail unit has a floor area of 379 sq metres and is set with its flank wall abutting Otley Road, slightly below its level. Adjacent, within the same building, is a dental practice. The building frontage faces across a small car park to a short service road leading down from Otley Road. This is known as Berry Drive and it also serves a small modern industrial / business estate. To the east of the site is the Greens Leisure complex, - a large gym and leisure facility, there is also a motorbike repair and sales garage opposite the site on Berry Drive. The nearest residential properties are on the opposite side of Otley Road. Relevant Site History: 09/00960/FUL - Construction of retail building with revised design (amendments to planning permission 07/00464/FUL). Granted 2.4.2009 Replacement Unitary Development Plan (RUDP): Allocation Employment allocation S/E6.3 on the RUDP. Proposals and Policies UR3 – local planning considerations TM19A- traffic safety TM2 – transport impact mitigation - 2 - Report to the Area Planning Panel (Keighley and Shipley) The National Planning Policy Framework (NPPF): The National Planning Policy Framework is now a material planning consideration on any development proposal. The Framework highlights the fact that the purpose of the planning system is to contribute to the achievement of sustainable development and that there is a presumption in favour of sustainable development which can deliver:- i) Planning for prosperity (an economic role) - by ensuring that sufficient land of the right type and in the right places is available to allow growth and innovation; ii) Planning for people (a social role) - by promotion of strong, vibrant and healthy communities by providing an increase supply of housing to meet the needs of present and future generations and by creating a good quality built environment with accessible local services; iii) Planning for places (an environmental role) - by protecting and enhancing the natural, built and historic environment, adapting to climate change including moving to a low- carbon economy. As such the Framework suggests local planning authorities should approve development proposals that accord with statutory plans without delay. Parish Council: Baildon Parish Council – objects to the proposal on the basis of nuisance through noise in the early morning to neighbours adjoining this property. The initial condition was limited to a 7am opening which the council believes is sufficient. Publicity and Number of Representations: The proposal was publicised via neighbourhood notification letters and a site notice Objections from 12 separate addresses have been received. The majority are residents living in Adelaide Rise across the other side of Otley Road. There is one letter of support Summary of Representations Received: Objections- Noise and disturbance will increase if the store is permitted to open earlier and there are concerns that deliveries will take place earlier in the morning at unsocial hours. Activity in the early morning causes sleep deprivation for nearby residents. Highway safety will be compromised. Residents refer to a perception that nothing has been done about the breach of the planning condition. In support – The noise is minimal compared to general traffic noise. A ward councillor has requested that the application be determined by the Area Planning Panel if approval is recommended and objects on the following basis Other similar stores in the district open at 7am and there are other shops in the vicinity to cater for early morning customers. The deliveries cause disturbance and the earlier opening will increase this. - 3 - Report to the Area Planning Panel (Keighley and Shipley) The condition has been breached for some time so 7am should be the earliest allowed. Consultations: Environmental Health Officer – No objections Highways DC – No objections Summary of Main Issues: Impact on neighbours Highway Safety Appraisal: The proposal and background The retail unit is a recently opened Tesco Express store with a floor area of 379 sq metres located on part of a mixed use development on the site of a former engineering works alongside Otley Road. The application seeks a variation of condition 15 of planning approval 09/00960/FUL to allow the store to open to customers one hour earlier in the morning. Condition 15 States "The retail premises hereby approved shall not be open for business between the hours of 2300 and 0700 and no customer shall be served or otherwise make use of the premises between these hours.” Reason: In order to safeguard the amenity of nearby residents and to accord with Policy UR3 of the Replacement Unitary Development Plan." The applicant requests that the condition 15 is amended to allow the store to open one hour earlier at the start of the day. The Condition would say : "The retail premises hereby approved shall not be open for business between the hours of 2300 and 0600 and no customer shall be served or otherwise make use of the premises between these hours.” Panel members should note that there is no condition restricting the hours of deliveries and this application is to solely consider whether opening the store for customers an hour earlier in the morning is acceptable. The case for earlier opening is that there is demand for such earlier opening times and other Tesco Express stores do not have such a restriction on opening times for customers. The supporting information states that there is demand for the earlier opening hours due to staff from the surrounding businesses. It is likely that there is also a certain amount of passing trade given its location on a major route from Baildon and beyond, to Leeds and Bradford. According to Tesco's Website the opening hours for other express stores within the district varies. For example, two branches in similar areas close to main roads but with surrounding residential property; Tesco Express on Haworth Road Heaton, opens at 6am whereas the Crossflatts branch opens at 7am. Impact on the amenity of neighbours - 4 - Report to the Area Planning Panel (Keighley and Shipley) The neighbours’ objections have been fully considered and are discussed in the appraisal the applicant has submitted some suggestions to appease neighbours’ concerns about delivery traffic. However, in assessing the impact of earlier visits to the premises by customers it has to be pointed out that the site lies on a main road, close to a busy junction; traffic levels on Otley Road are high for most of the day with vehicles often queuing close to the site. The ambient noise levels in this area will be generally quite high throughout the day starting in the early morning with commuters from traffic noise, vehicles accelerating and changing gear. The area is mixed use in character with business uses, retail and residential uses all in close proximity. The nearest residential properties are positioned across the main road from the store. Given the location of the nearest houses, it not considered that the proposal to open the store one hour earlier will have any material impact on neighbours in terms of noise and disturbance. The Council’s Environmental Health officer has raised no objections to the proposal. Highway Safety Provision for car parking and delivery turning was considered satisfactory when the store was given planning permission. There are no changes to these facilities which will be adequate to cater for customers arriving at the store between 6 am and 7 am.
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