AGENDA ITEM NO. 5(c) PLANNING COMMITTEE 07 AUGUST 2013 PLANNING APPLICATIONS UNDER THE TOWN AND COUNTRY PLANNING ACT 1990 AND ASSOCIATED LEGISLATION APPLICATION LOCATION NUMBER EAST AREA 13/0454/NCC Blackwood Gate Retail Park, Blackwood NORTH AREA Preface Item Land at Gellideg Industrial Estate, Gellideg Lane, Maesycwmmer, 12/0269/NCC Hengoed 12/0376/FULL Land adjacent to 128 – 134 Llancayo Street, Bargoed 12/0570/FULL Bryn Quarry, Gelliargwellt Uchaf Farm, Gelligaer Road, Gelligaer, Hengoed 12/0753/FULL Pen Y Fan Ganol Farm, Manmoel, Blackwood 13/0218/MIN Cwmbargoed Disposal Point, Fochriw Road, Cwmbargoed 13/0258/FULL Land at 3A Penallta Villas, Ystrad Mynach, Hengoed 13/0406/FULL 76 New Road, Deri, Bargoed SOUTH AREA 12/0898/FULL Land at Tyn Y Wern Terrace, Trethomas, Caerphilly 13/0416/FULL Land at Mill Road, Caerphilly Code No. and Name and Address of Description and Location of Date Received Applicant Proposed Development 13/0454/NCC Mr G Tromans Vary conditions 02) and 03) 20.06.2013 C/O Mr S Cullen of planning permission 1 Leyshon Way reference 12/0742/NCC to Bryncethin allow open A1 food and Bridgend non-food retail and bulky CF32 9AZ goods retail/leisure use Blackwood Gate Retail Park Blackwood APPLICATION TYPE: Development without complying with conds SITE AND DEVELOPMENT Location: The application site is an existing block of retail units. They are situated on land to the south of Thorncombe Road and accessed from the southern cross valley link of the Sirhowy Enterprise Way. Site description: This retail development was permitted by outline planning permission P/00/1022 and reserved matters approval P/05/0486. The approved plans show a single retail park style building divided into units. The building has been constructed and one unit was occupied by a DIY outlet (Focus) at the northern end, with a further six unoccupied smaller units to the south. All the units are now unoccupied. The development has been amended by subsequent applications and there are various revisions that allow for amended layouts that have not yet been implemented. The original permission was subject to a planning condition that was imposed at the outset to restricted the use of the site to the sale of bulky goods/warehouse retailing in order to protect the vitality and viability of the town. The condition read as follows:- The development hereby approved shall be limited to a total floor space of 7,853 square metres and this shall only be used for the sale of the following goods:- DIY, hardware, furniture, carpets and flooring coverings, soft furnishings/textiles, electric and gas products, motor vehicle accessories and cycles, boats and caravans, office equipment and garden and pet products. REASON: In the interests of preserving the vitality and viability of Blackwood Town Centre. Cont…. Application No. 13/0454/NCC Continued In 2012 a further application for planning permission, ref: 12/0742/NCC, was submitted to vary the condition to allow a proportion of the site to be used as a food retail store together with a proportion of non-food retail. Permission was granted and included the following two conditions:- 02) The food retail use hereby approved shall be limited to a total internal floor space not exceeding 4,274 square metres within the existing building (including any mezzanine floor space), the whole of the area shall only be occupied and used as a single food retail unit that shall not be subdivided, and of that area no more than 20% of it shall be used for ancillary non-food retail use such as the sale of comparison goods. REASON: To retain effective control of the development hereby approved and in the interests of preserving the vitality and viability of Blackwood Town Centre. 03) The non-food retail use hereby approved (excluding that which may be included within the food retail area as permitted by condition 2 above) shall be limited to a total internal floor space not exceeding 1,858 square metres within the existing building. REASON: To retain effective control of the development hereby approved and in the interests of preserving the vitality and viability of Blackwood Town Centre. Development: The applicant explains in the submitted details that it has not been possible to attract the food retailer that was the intended occupant in the 2012 application (Morrisons). There are now two other retailers (Lidl and Home Bargains) who wish to occupy the site, and negotiations are proceeding with others. As a consequence the single food retail unit of 4,274 square metres permitted in 2012 is no longer suitable for the smaller operators that have shown an interest in the site. This application seeks to reduce the food retailing unit to 2,787 square metres and to expand the non-food retail to 3,344 square metres. The proposal also seeks to remove the word "single" from condition 2 and the limitations regarding subdivision. The 20% limitation upon non-food retail is also dropped. The proposed revised conditions would read as follows:- 02) The food retail use hereby approved shall be limited to a total internal floor space not exceeding 2,787 square metres within the existing building (including any mezzanine floor space), REASON: To retain effective control of the development hereby approved and in the interests of preserving the vitality and viability of Blackwood Town Centre. Cont…. Application No. 13/0454/NCC Continued 03) The non-food retail use hereby approved shall be limited to a total internal floor space not exceeding 3,344 square metres within the existing building. REASON: To retain effective control of the development hereby approved and in the interests of preserving the vitality and viability of Blackwood Town Centre. PLANNING HISTORY 2/5790 - Erect residential development - Granted 02.01.90. 2/11033 - Erect residential development - Granted 22.07.96. 2/11130 - Erect residential development - Granted 03.07.96. P/96/0879 - Change the use of land to retail, leisure, restaurant, petrol station and construct roundabout on High Street and first part of southern cross valley link - Withdrawn 04.12.97. P/00/1022 - Erect retail and leisure development - Granted 09.09.04. P/05/0483 - Vary condition (13) attached to planning consent reference P/00/1022 to remove reference to the cyclist access - Granted 12.07.07. P/05/0486 - Erect retail and leisure development - Granted 18.08.05. P/05/1697 - Vary condition (7) attached to planning consent P/00/1022 to amend minimum individual retail unit size 650 sq. m. to 465 sq. m. - Granted 12.07.07. 08/0587/NCC - Vary condition 6 of planning consent reference P/00/1022 as amended by condition 3 of planning consent reference P/05/1697 - Refused 13.11.08. 11/0861/FULL - Reconfigure existing retail units and provide minor amendment to car parking - Granted 10.01.12. Cont…. Application No. 13/0454/NCC Continued 12/0064/NCC Vary Condition 6 of outline planning permission reference P/00/1022 (as amended by Condition 3 of permission reference P/05/1697 and Condition 2 of permission reference 11/0861/FULL) to allow open A1 food retail and bulky goods retail at Blackwood Gate Retail Park and provide minor amendments to car parking. Condition to now read: "The development hereby approved shall be limited to a total floorspace of 7,853 square metres to be used for the sale of any of the following goods: DIY, hardware, furniture, carpets and floor coverings, soft furnishings/textiles, electric and gas products, motor vehicle accessories and cycles, boats and caravans, office equipment, and garden and pet products. In addition up to 4,274 square metres of the floorspace may be utilised as a grocery superstore, excluding the unit currently occupied by the existing public house unit occupied by Marstons" - Refused 19.03.12. 12/0742/NCC Vary condition 6 of outline planning permission reference P/00/1022 (as amended by condition 3 of planning permission reference P/05/1697 and condition 2 of permission reference 11/0861/FULL) to allow open A1 food and non-food retail and bulky goods retail/leisure use at Blackwood Gate Retail Park, Blackwood. - Granted 07.05.13. 12/0743/FULL - Provide increased car parking, demolish the existing garden centre and introduce a signalised junction - Granted 14.03.13. POLICY LOCAL DEVELOPMENT PLAN Site Allocation: CM2.1 Retail warehouse park known as Blackwood Gate. Policies:CM1.2 Principal town centre retail boundaries; CW16 Locational Constraints (Retail), CW2 (Amenity) CW3 (Design Consideration - Highways) and Blackwood Town Centre Action Plan. NATIONAL POLICY Planning Policy Wales (November 2012) and TAN 4 (Retailing and Town Centres). ENVIRONMENTAL IMPACT ASSESSMENT Did the application have to be screened for an EIA? - No. Was an EIA required? - Not applicable. Cont…. Application No. 13/0454/NCC Continued COAL MINING LEGACY Is the site within an area where there are mining legacy issues? A small part of the car park (Not affected by this application). CONSULTATION SEW Ltd - No objection. Transportation Engineering Manager - No objection subject to previous conditions. Head Of Public Protection - No objection subject to previous conditions. Advice is provided regarding food hygiene. Senior Engineer (Land Drainage) - No objection. ADVERTISEMENT Extent of advertisement: The application has been advertised on site, in the press and 61 neighbouring properties have been consulted. Response: No response has been received. Summary of observations: None. SECTION 17 CRIME AND DISORDER ACT What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonably can to prevent crime and disorder in its area? It is not considered that the proposed development will have a material effect on crime and disorder.