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30 May 2007 Page APPLICATION REF

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30 May 2007 Page APPLICATION REF DARLINGTON BOROUGH COUNCIL PLANNING APPLICATIONS COMMITTEE COMMITTEE DATE: 30 May 2007 Page APPLICATION REF. NO: 07/00172/FUL STATUTORY DECISION DATE: 13 April 2007 WARD/PARISH: HARROWGATE HILL LOCATION: North Road Service Station, North Road, Darlington, DL1 3BH DESCRIPTION: Erection of local convenience store with associated parking and servicing (amended plans received 9 March 2007 and additional information including Transport Statement received 02 April 2007) APPLICANT: TESCO STORES LIMITED APPLICATION AND SITE DESCRIPTION The application site comprises a closed down petrol filling station on the eastern side of North Road near the junctions with Longfield Road and Bensham Road, approximately 3km North of the town centre. The area is predominantly residential in character. However, there is a range of commercial and retail uses providing local services, on North Road and the adjacent streets. The former petrol filling station included a range of islands incorporating the petrol pumps within a forecourt and a forecourt canopy and kiosk. A car wash facility was also present on site. The proposal involves the clearance of the site and the erection of a class A1 convenience store with a gross floor space of 349sqm [sales area 240sqm] housed within a single storey building constructed of red brown facing bricks and Eternite Composite slate roof tiles. The scheme also involves the provision of a service yard and marshalling area at the south east corner of the site behind the new building. There would be 14 parking spaces [including 2 for disabled use] and areas of landscaping. A delivery/service area is proposed at the North Road frontage, with provision made for cycle storage and a freestanding ATM kiosk. The application was accompanied by a Design and Access Statement which Officers have considered. PLANNING HISTORY The site has a long and varied planning history relating to its development as a petrol filling station with associated signage. The most relevant entry for this application is: APPLICATION REFERENCE NO 07/00172/FUL PAGE 06/00393/FUL - Redevelopment of existing site and erection of local convenience store with associated parking and servicing (amended plans received 03 August 2006) was REFUSED on 25 September 2006. Planning permission was refused for the following reasons: The proposal is for retail development in an out-of-centre location and is not in accordance with an up-to-date development plan document strategy. As such, the applicants are required by PPS6 to demonstrate a need for the proposed additional floorspace. The applicants have failed to demonstrate such a need within the relevant catchment area, which is already well served with local convenience shops. The main shop building by reason of its proximity to residential properties in Bensham road particularly No.101 would have an overbearing impact upon the residential amenity of these properties and would thereby conflict with Policy S16 Small Local Shops of the Borough of Darlington Local Plan 1997. The main shop building by reason of its basic design and form and use of materials would result in an uncompromising box shape with a flat roof, that fails to protect or improve the building characteristics of the locality or respect local distinctiveness within the street scene, on a prominent site located on a main road. The development would thereby conflict with Policy E16 (Appearance from main travel routes) and E29 (The Setting of New Development). PLANNING POLICY BACKGROUND The site is without notation on the Local Plan Proposals Map, that is there are no specific policies or proposals for it. It lies outside any defined shopping centre. North Road is identified in the Local Plan as part of the main road network of the Borough. The following general policies of the existing and emerging development plan are relevant to the application: Regional Planning Guidance for the North East (RPG1, 2002): TC1 - Town Centres TC2 - Hierarchy of Centres TC3 - Function of Centres RD1 - Retail Development Emerging Regional Spatial Strategy for the North East (Submission Draft, June 2005) 7 - Tees Valley City Region 25 - Urban and Rural Centres Tees Valley Structure Plan (2004): TC3 - Hierarchy of Centres Borough of Darlington Local Plan 1997 (with alterations 2001): E16 - Appearance from Main Travel Routes E29 - The Setting of New Development H15 - The Amenity of Residential Areas S10 - Safeguarding the District and Local Centres S1 - New Shopping Development S16 - Small Local Shops APPLICATION REFERENCE NO 07/00172/FUL PAGE Government Planning Policy Statement 6 (PPS6, Planning for Town Centres, 2005) is a particularly relevant material consideration, superseding some of the above in important respects. PPS1 (Delivering Sustainable Development, 2005) is also relevant. RESULTS OF CONSULTATION AND PUBLICITY 521 letters of objection have been received raising the following concerns: • It is not in accordance with the development plan; the store is too big for an out of town development (PPS6); • There is no need for this development, the area is extremely well served with local convenience shops (PPS6); • Traffic levels and congestion will significantly increase, particularly on North Road, Bensham Road and Tesco Car Park. We have major problems already at peak times and a mini supermarket will only make it even more chaotic and dangerous. Tesco will promote their store in a two mile radius thus increase car use rather than people on foot, contradicting their statement of a walk to store. The car park will not be adequate, so the overspill will naturally park on North Road and Bensham, Road. Another hazard; • This is a residential area, no place for a mini supermarket too close to houses having an overbearing impact on the residential amenity of these properties and will conflict with Policy S16 of the Local Plan; • Quality of my daily life will be affected by increased traffic, noise and pollution; • Anti social behaviour will worsen, we are severely affected at present without the added attraction of a new store; • I buy from my local shop, many of whom have been established for years and I am extremely concerned that if a mini supermarket is built out of town my local shops will eventually go out of business. I don’t want to lose shops because of an aggressive national company; • National planning guidance PPS6 states that "to deliver the governments objective of promoting vital and viable town centres, development should be focused in existing centres in order to strengthen and, where appropriate, regenerate them". By approving construction of an out of town mini supermarket, Darlington Local Authority will be directly contravening this guidance and threatening the viability and vitality of Darlington town centre; • There is no need for anymore supermarkets of any type in Darlington at all; • In my opinion Tesco just want a foothold in Darlington and don’t care whereabouts it is; • The Leas, Bensham Road, Middleham Road will become a rat run; • The car park is totally inadequate for the store which will result in parking on North Road and surrounding streets; • North Road is already very busy and this development will cause traffic nuisance with both cars and delivery vehicles attempting to park, off load and re enter traffic; • The noise generated by service vehicles, particularly early morning and late evening will be a disturbance. Stores of this type are often 24 hours or at least 6am - 11pm; • North Road is already well served with stores on both corners, a butchers, a bakers within 2 minutes walk, corner shops on Mayfair Road and Bowman Street with two large supermarkets both less than 1 mile from this location; • There are three convenience stores on North Road in the immediate vicinity (Mayfair Road, Longfield Road and Lowson Street). Two of those stores already have ATM access. Wityhin walking distance there is already a newsagents, butchers, two fast food takeaways, post office, chemist and bakery; APPLICATION REFERENCE NO 07/00172/FUL PAGE • When the site was a garage it caused several accidents and many near misses. Any increase traffic will cause major problems with overflow parking on the kerbside, affecting both pedestrians and residents; • Excessive signage and light pollution could be a serious intrusion into nearby properties. Lights from vehicles entering and leaving the car park would shine straight into nearby houses; • Increased litter. We already have a problem with youths, many are intoxicated and noisy. We feel this problem will escalate; • We are concerned that if the plans go through there could be a future application for extending opening hours; • The Council should show some loyalty to existing small shopkeepers who have supported Darlington for many years through their rates and council tax. I feel it would be detrimental to the present varied amenities of Harrowgate Hill if any of these existing businesses were to close; • We will get a lot of noise in the Spring and Summer when we sit out in our back gardens (89 Bensham Road); • We will get a lot of noise from deliveries going in and out at all times of the night; • Tesco must prove that the development cannot be built in the town centre "The Sequential Approach - PPS6". I would like to know how Tesco can deny this cannot be put in the town centre as there are numerous sites vacant and their need greater; • A convenience store outside the town centre must be no more than 100 sqm outside the town centre and this is 2 ½ times larger so must be categorized as a mini supermarket; • The Local Plan states this permitted size; • Tesco says there is a need due to Harrowgate Farm. Originally there was provision set a side for a convenience store of 100 sqm on that location, if it were required. On completion of Harrowgate Farm there is no store, so there wasn’t a need for it; • The proposed shop is too large for an out of town development and thereby conflicts with the Council’s development plan.
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