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Planning Services COMMITTEE REPORT APPLICATION DETAILS APPLICATION NO: PL/5/2009/0548 2 FULL APPLICATION DESCRIPTION RETAIL UNIT 8454m (USE CLASS A1), HOTEL (USE CLASS C1), CINEMA (USE CLASS D2), FOOD & DRINK RETAIL UNITS (USE CLASS A1,A3, A4 & A5), PETROL FILLING STATION, CREATION OF NEW ACCESS AND LANDSCAPING (OUTLINE APPLICATION) NAME OF APPLICANT DALTON PARK LTD SITE ADDRESS DALTON PARK, MURTON, SR7 9HU ELECTORAL DIVISION MURTON CASE OFFICER Barry Gavillet 0191 5274305 [email protected] DESCRIPTION OF THE SITE AND PROPOSAL Site: 1 The application site is located east of Murton, approximately 3 miles south west of Seaham and 5 miles north of Peterlee. The site area extends to 10.3 ha (25.4 acres) of previously developed land. The site forms part of a wider development occupied by an Outlet Shopping Park, restaurants and associated car parking, which comprises 15,164 sq m of retail floorspace with over 80 outlets ranging from 67 sq m to 1020 sq m. 2 The application site, along with the rest of Dalton Park, is presently accessed from the B1285 Church Street. Pedestrian and cycle routes permeate the site providing links to Murton and other areas beyond. The surrounding area is a mix of residential development, retail and open space. To the south of the shopping outlet and car park is a community parkland (part of the original scheme); allotments are located to the south west, beyond which are residential properties, and to the north is a new residential development ranging from two to four storeys built after the existing retail outlet. The A19 lies to the east at a lower elevation to the site. The site is barely visible from the southbound carriageway and not visible at all from the north bound carriageway. 3 The site was formerly a colliery waste tip known as Dalton Flatts, a brownfield site that was remediated as part of the redevelopment of the site for Phase 1. The site does not fall into a designated Conservation Area, it is not close to any listed buildings nor any environmental designations. Proposal: 4 The application proposes a significant development of land at Dalton Park for a large mixed use scheme comprising a supermarket (max. 8452 sqm gross), a hotel (90 rooms), cinema (max 2,148 sqm gross), food and drink retail units (max 1,148 sqm gross), drive-through restaurant (max 287 sqm gross) and a petrol filling station. The new access is part of the outline application. All other matters including appearance, landscaping, layout and scale are reserved matters for which a further application would be required should the outline application be approved. 5 The food store is within the existing Dalton Park boundary south of the existing car parks. It would establish a direct north/south axis for pedestrians travelling between the main outlet entrance and the new store via the main pedestrian route through the car park. In addition it would offer an extended area of car parking between the store and hotel. Service vehicles to and from the store would use the Moor View Road access, thereby avoiding visitor conflict and potential congestion along the main spine road through the car park. 6 The hotel is identified as a landmark building and would be a maximum of 4 storeys high and have a maximum of 90 rooms. It would be located close to the existing bus stop and the east entrance of Dalton Park marking the gateway to the site car park. 7 The cinema would be a maximum of 2,148 square metres and would have 5 screens. It would be located at the western part of the site and would form part of an extension to the existing outlet, adjacent to the Next Clearance store and opposite the McDonalds unit. A row of food/drink units with a maximum floor area of 1,148 square metres would occupy the ground floor space together with a lobby access to the first floor cinema. Service access would be located at the rear and service vehicles would access the site via Moor View Road. 8 The food/drink unit ‘pub’ would be a maximum of 650 square metres and a maximum of two storeys high adjacent to the hotel at the east of the site. Both structures would be subject to design coding that would include particular landscaping strategies to protect the existing quality of parkland environment. 9 The ‘drive-thru’ unit is proposed to sit as a mirrored version of the McDonalds drive thru in terms of size, layout and design. It would be located opposite the Cinema to the west of the site and provides a logical end to the food offer at this end of the site. 10 The petrol filling station would occupy a remote plot at the front, north east corner of the site next to the main entrance. Additional structured screen planting is proposed on the top of the existing bund to screen the station’s impact on the entrance vista. 11 It should be noted that the applicant has only committed to develop the supermarket and cinema, the food and drink unit below the cinema and the ‘drive thru’ restaurant. The hotel and pub/restaurant would only be marketed and sold, which would not guarantee that these elements would be developed. 12 This application is being reported to committee as it is a major application. PLANNING HISTORY Since the opening of the shopping outlet at Dalton Park there have been numerous minor planning applications for the change of use from A3 (Food and Drink) units to A1 units (factory outlet retail), advertisement consents and other minor alterations. However, the most relevant planning history relates to the development of the factory outlet site itself. The site is a former colliery spoil heap located on the edge of Murton, which was subject to a coal recovery and remediation exercise in the mid 1990’s. On 23 rd November 1998 planning permission was granted by the District of Easington Development Services Committee for a mixed use development comprising of factory outlet shopping, a multiplex cinema, ten-pin bowling, a hotel, petrol station and car showroom, a pub and restaurants. As a major departure to the development plan, the application was referred to Government Office North East who decided to call the application in for a public local inquiry. This inquiry took place between the 18 th and 23 rd May 1999, the Inspector’s decision was to refuse planning permission on the basis that there would be adverse impacts on town centres and there were sequentially preferable sites available. However, the Secretary of State did not agree with the Inspector’s conclusions and recommendation and decided to grant outline planning permission. In deciding this application, the Secretary of State considered that, on that particular occasion, the primary considerations were the exceptional economic and social characteristics of East Durham, and there was a consistency with the proposal with the then government’s commitment to the regeneration of the coalfields. The Secretary of State’s view was that this constituted very special circumstances, which justified the grant of permission in that case. An assessment of the Secretary of State’s decision in relation to the current application is detailed later in the report. PLANNING POLICY 13 NATIONAL POLICY: Planning Policy Statement 1 (PPS1) Delivering Sustainable Development sets out the Government’s overarching planning policies on the delivery of sustainable development through the planning System. Planning Policy Statement 4 (PPS4) Planning for Sustainable Economic Development proposes a responsive and flexible approach to planning which provides sufficient employment land and makes better use of market information. The PPS is designed to establish a national planning policy framework for economic development at regional, sub- regional and local levels for both urban and rural areas. With regard to retail development, the policy aims to direct proposals to town centres where there would be no adverse impact on other existing centres. Planning Policy Statement 9 (PPS9) sets out planning policies on protection of biodiversity and geological conservation through the planning system. Planning Policy Guidance 13 (PPG13) objectives are to integrate planning and transport at the national, regional, strategic and local level and to promote more sustainable transport choices both for carrying people and for moving freight. Planning Policy Statement 22 (PPS22) sets out the Government's policies for renewable energy, which planning authorities should have regard to when preparing local development documents and when taking planning decisions. Planning Policy Statement 23 (PPS23) is intended to complement the new pollution control framework under the Pollution Prevention and Control Act 1999 and the PPC Regulations 2000. Planning Policy Statement 25 (PPS25) sets out Government policy on development and flood risk. It's aims are to ensure that flood risk is taken into account at all stages in the planning process to avoid inappropriate development in areas at risk of flooding, and to direct development away from areas of highest risk. Where new development is, exceptionally, necessary in such areas, policy aims to make it safe, without increasing flood risk elsewhere, and, where possible, reducing flood risk overall. The above represents a summary of those policies considered most relevant. The full text can be accessed at: http://www.communities.gov.uk/planningandbuilding/planning/planningpolicyguidance/planningpolicystatements 14 REGIONAL PLANNING POLICY: The North East of England Plan - Regional Spatial Strategy to 2021 (RSS) July 2008, sets out the broad spatial development strategy for the North East region for the period of 2004 to 2021. The RSS sets out the region's housing provision and the priorities in economic development, retail growth, transport investment, the environment, minerals and waste treatment and disposal.

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