BOSTON BOROUGH COUNCIL Planning Committee – 12 September 2017 Reference No: B/17/0068 Expiry Date: 18-Aug-2017 (extension of time agreed until 15 September) Application Type: Full Planning Permission Proposal: Erection of a roadside service area including a truck stop with associated parking, petrol filling station and sales kiosk, coffee shop and freestanding McDonalds drive-thru restaurant Site: Land off Station Road at the A16/A17 Sutterton Roundabout, Boston, Lincolnshire, PE20 2LF Applicant: Lindum Group Ltd Ward: Five Village Parish: Sutterton Parish Council Case Officer: Polly Harris Gorf Third Party Reps: 14 Recommendation: Grant 1.0 Reason for Report 1.1 This application has been referred to the Planning Committee for determination in order that Members can consider the implications of the development on the policies relating to development in the open countryside together with transport depots and associated facilities policies. 1.0 Application Site and Proposal 1.1 The application site is a 2.6 hectare (6.5 acres) agricultural field in the open countryside, bounded by the A16 to the east, the A17 to the north at the point where these roads meet at the Sutterton roundabout. Essentially it is the south west quadrant of the roundabout. The southern boundary of the site is marked by the Dowdyke Drain, and there is also a further drain to the west. 1.2 The land is largely flat and open, with sporadic hedging to the boundaries, some of which are located within highway land, rather than on the application site; in particular the landscaping to the A16. The site sits within the B2 Frampton to Fosdyke Settled Fen landscape character area. 1.3 There is a mix of existing land uses around the roundabout its self. To the east is the Little Chef/Burger King development adjacent to a petrol filling station. There is a Mercedes Benz truck servicing centre to the north of the roundabout on to Station Road, and the former railway station building that is now used by a truck and van company. There is a Veterinary Centre to the north west of the roundabout on Waterbelly Lane. Land to the east of the site, a former haulage yard with access from Marsh Road, also has consent (B/15/0294) granted in 2015 for the erection of 2 sheds, a covered tray store and 3 poly tunnels. The application 1.4 This full application proposes the development of the land to provide for the formation of a roadside service area including a truck stop with associated parking for 57 vehicles, petrol filling station and sales kiosk, coffee shop and a freestanding McDonalds drive-thru restaurant. In addtion there is associated infastructure including drainage provision. The intended end users are proposed to be Trucking World Ltd; a private petrol filling station operating under Shell branding with Starbucks for the coffeeshop element and McDonalds. 1.5 The development is effectively in three parts, linked by a circulatory road way. The truck stop element is proposed in the centre of the site, with parking for 57 HGVs on the western part of the site. The petrol filling station kiosk/shop and canopy would be located to the north-east, occupying the corner of the A16 and A17, and the McDonald’s building and parking would be to the south-east, bounding the A16. Details of all buildings and structures (with the exception of freestanding advertisements) are set out in the application. 1.6 Vehicular ingress to the site is proposed via an “in-access” from the A17 via a left turn only entrance and vehicles would exit the site on to the A16, via a left turn only exit. 2.7 The application is supported by a series of documents: Planning, Design and Access Statement, Materials Schedule, Planning/Sequential Test Assessment, Landscape Review, Transport Assessment, Flood Risk Assessment and Drainage Strategy Report, Phase 1 Ecological Report, Water Vole Survey, Geo-Environmental Report, Noise Impact Assessment, McDonald’s Outdoor Furniture Specification Document, McDonald’s Fencing Details Document and McDonald’s Play Frame Specification Document. Some of these documents have been revised and clarified during the life of the application as a result of statutory consultees’ and other responses. 2.0 Relevant History 2.1 B/03/0309 Roadside Service Area including public house, motel, and petrol filling station. Refused Sept 2003 on the grounds of policy C01 and T5, and the possibility of proliferation of similar users along the main road routes. 2.2 B/04/0092. Outline consent. Construction of a roadside service area including motel and restaurant. Approved 13 Aug 2004. This consent is expired. 2.3 It is to be noted that the current development proposals are materially different from the previous schemes considered on this site. The current proposals were the subject of pre-application correspondence during June and July 2015 (PENQ/15/0122). 3.0 Relevant Policy Boston Borough Local Plan 4.1 The development plan consists of the saved policies of the Boston Borough Local Plan (Adopted 1999). S.38 (6) of the 2004 Act requires that determination must be made in accordance with the plan unless material considerations indicate otherwise. 4.2 The site is outside the development limits of any settlement and by definition is considered to be open countryside. There are no other policy designations relating to the site and no specific saved policies for the petrol filling station (pfs) or retail elements – saved Policy RTC11 Shops in the Countryside is permissive of small shops in conjunction with other facilities, including pfs’s but small is undefined and it is considered that this application would not fit into any such definition. 4.3 Thus, the saved Local Plan Policies of relevance to this application are as follows: . C01 Development in the Countryside . ED10 Transport Depots and Lorry Parks . G1 Amenity . G2 Landscape and Wildlife Resources . G3 Foul and Surface Water Disposal . G4 Safeguarding of the Water Environment . G6 Vehicular and Pedestrian Access . G7 Accessible Environments . G8 Air and Soil Resources . G10 External Lighting Schemes National Planning Policy Framework 4.4 At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development. For decision taking, this means approving development proposals that accord with the development plan without delay. The core planning principles in the NPPF indicates that, amongst other things, planning should: proactively drive and support sustainable economic development…; always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings; contribute to conserving and enhancing the natural environment and reducing pollution actively manage patterns of growth and make the fullest possible use of public transport, walking and cycling, and focus significant development in locations which are or can be made sustainable. support existing business sectors, taking into account whether they are expanding or contracting and, where possible, identify and plan for emerging sectors likely to locate in their area 4.5 Paras 24 and 25 clarify that local planning authorities should apply a sequential test to planning applications for main town centre uses that are not in an existing centre and are not in accordance with an up-to-date Local Plan, however this sequential approach should not be applied to small scale rural offices or other small scale rural development. 4.6 Chapter 4 of the NPPF deals with the promotion of sustainable transport, and para 34 clarifies that “...decisions should ensure developments that generate significant movement are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised. However this needs to take account of policies set out elsewhere in this Framework, particularly in rural areas.” 4.7 The NPPF encourages the effective use of land by re-using previously developed land (para 111). Authorities should take into account the economic and other benefits of the best and most versatile (bmv) agricultural land (para 112). If significant development is demonstrated to be necessary, authorities are to seek to use areas of poorer quality in preference to that of higher quality. There are no saved Local Plan policies that seek the protection of agricultural land. 4.0 Representations 4.1 As a result of publicity fourteen representations have been received from and on behalf of the following: Malthurst Petroleum Ltd (owners of the existing BP Service Station) (x3); 6 Marsh Road; 25 Churchgate; Lynway, Dowdyke Road; (x2), Waveney, Waterbelly Lane; Cafe at The Moorings, Main Road, Fosdyke; The Barn, Dowdyke Road (x4) and Euro Garages (owners of the existing Little Chef/Burger King). 4.2 The objections and comments can be summarised as follows; . Contrary to the development plan and loss of high quality agricultural land . Site is within Flood Zone 3. Sequential test has not been carried out as the applicant argues there is a “specific need” for the facility, but this is disputed . Site is not screened from the roundabout and the field and views across it are a prominent feature of the roundabout . Question whether the lorry park is in accordance with Policy ED10 as the development proposes significant facilities (parking, cafe, McDonalds, petrol filling station) for car users and Policy ED10 requires satisfactory landscaping including means of future management . Scale and form of development not consistent with a lorry park and the heights and form of buildings would dominate views around and across the site and have a substantial impact on the B2 Frampton to Fosdyke Settled Fen landscape character area. No evidence is given for the proposal and it shares the roundabout with the existing Sutterton Services – a petrol filling station with facilities for HGVs, ancillary forecourt shop, ATM, coffee facilities, restaurant and parking area, which meets the needs of motorists .