Agenda item

Replacement petrol station, including pumps, canopy and shop

 

DECISION – GRANT as per Officer recommendation, with the addition of an Informative relating to renewable energy and screening, an amendment to condition No 8 to include a landscape management plan approved by HDC tree officers and condition No 12 to modify the opening hours to 07:00 hours to 22.00 hours.

 

CONDITIONS 

 

1The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 

 

Reason 

To comply with Section 91 of the Town and Country Planning Act 1990 (as 

amended). 

 

2The development hereby approved shall be carried out in accordance with the following plans: 

 

Proposed Site Elevations 190508-04C 

Proposed Site Layout 190508-03J 

Proposed Site Layout (1:200 Scale) 190508-03-1I 

Proposed Building Details 190508-05B 

Tracking Layout 190508-06E 

Landscape Plan 4630 01 Rev C 

 

Reason 

To ensure that the development is carried out in accordance with the approved plans and particulars. 

 

3No development shall commence until a Remediation Strategy to deal with the risks associated with contamination of the site has been submitted to, and approved in writing by, the Local Planning Authority. This strategy shall include: 

 

a.    A site investigation scheme, based on the Phase One Environmental Risk Assessment Report (Preliminary Risk Assessment) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site. 

 

b.    The results of the site investigation and the detailed risk assessment referred to in (a) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 

 

c.     A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (2) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. 

 

The development shall take place in accordance with the approved Remediation Strategy. 

 

Reason 

To ensure that the development does not contribute to and is not put at unacceptable risk from or adversely affected by unacceptable levels of water pollution and to satisfy Hart Local Plan (Strategy and Sites) 2032 Policy NBE11 and the National Planning Policy Framework. 

 

4No construction shall take place until a Surface Water Drainage Scheme for the site, based on sustainable drainage principles, has been submitted to, and approved in writing by, the Local Planning Authority. 

 

Any proposed drainage system for the infiltration of surface water to the ground must be supported by an assessment of the risks to controlled waters. 

 

The development shall take place in accordance with the approved Surface Water Drainage Scheme. 

 

REASON 

To ensure that the proposed development would not increase the risk of flooding elsewhere, be safe from flooding and to satisfy Hart Local Plan (Strategy and Sites) 2032 Policy NBE5 and the National Planning Policy Framework. 

 

5Prior to the installation of any external fixed plant or machinery, details of such plant and machinery shall be submitted to, and approved in writing by, the Local Planning Authority. The details shall include: 

 

1. Proposed location(s) 

2. Specific manufacturer's details 

3. Expected noise emissions 

4. An assessment of the expected cumulative noise impact of all fixed plant and equipment for which approval is sought under this condition 

5. Specifications for any noise mitigation measures proposed. 

 

The development shall take place in accordance with the approved external fixed plant details and plant and equipment shall be maintained so as to operate in accordance with the submitted details. 

 

Reason 

To ensure a satisfactory noise environment and to satisfy Hart Local Plan (Strategy and Sites) 2032 Policy NBE11, saved Policy GEN1 of the Hart District Local Plan (Replacement) 1996-2006 and the National Planning Policy Framework.  

 

6Prior to the installation of any external lighting, an External Lighting Scheme shall be submitted to, and approved in writing by, the Local Planning Authority. The Scheme shall include details of locations, direction, Lux levels, hours of operation and maintenance. 

 

External lighting shall only be installed, operated and maintained in accordance with the approved External Lighting Scheme. 

 

Reason 

To protect the amenity of nearby residential occupiers and to satisfy Hart Local Plan (Strategy and Sites) 2032 Policy NBE11 and Hart District Local Plan (Replacement) 1996-2006 Saved Policy GEN1. 

 

 7Prior to the occupation and use of the development herby approved  details of two passive electric vehicle charging points shall be submitted to, and approved in writing by, the Local Planning Authority. The details shall include the location and necessary infrastructure. The passive electric vehicle charging points shall be installed and maintained in accordance with the approved details. 

 

Reason 

To contribute to the reduction of climate change and to satisfy Hart Local Plan (Strategy and Sites) 2032 Policy NBE9. 

 

8The development shall take place in accordance  with Arboricultural Method Statement (Version 2). 

 

Reason 

To safeguard off-site trees and to satisfy Hart Local Plan (Strategy and Sites) 2032 Policy NBE9. 

 

9The approved parking facilities for vehicles and cycles as identified on drawing no. Proposed Site Layout 190508-03J shall not be used for any purpose other than the parking of vehicles and cycles and access shall be maintained at all times to allow them to be used as such. 

 

 

Reason 

To ensure that the development is provided with adequate parking to prevent the likelihood of on-street car parking and to satisfy Hart Local Plan (Strategy and Sites) 2032 Policies NBE9 and INF3 and Hart District Local Plan (Replacement) 1996-2006 Saved Policy GEN1. 

 

10The development shall take place in accordance with the Demolition and Construction Method Statement (January 2021) and Addendum (22.04.21). 

 

Reason 

To protect the amenity of nearby residential occupiers and to satisfy Hart District Local Plan (Replacement) 1996-2006 Saved Policy GEN1. 

 

11Notwithstanding Condition 10, no demolition, construction or delivery of materials shall take place at the site except between 07:30 hours to 18:00 hours weekdays or 08:00 to 13:00 hours Saturdays. No demolition, construction or delivery of materials shall take place on Sundays, Bank Holidays or Public Holidays. 

 

Reason 

To protect the amenity of nearby residential occupiers and to satisfy Hart District Local Plan (Replacement) 1996-2006 Saved Policy GEN1. 

 

12The development hereby approved shall only be open for customers between 07:00 hours and 23:00 hours. 

 

Reason 

To protect the amenities of the area and to satisfy Hart District Local Plan  

(Replacement) 1996-2006 Saved Policy GEN1 

 

13Deliveries to, and waste collection from, the convenience store shall only take place between 07:30 and 18:00 hours Monday to Saturday. No deliveries or waste collection shall take place on Sundays, Bank Holidays or Public Holidays. 

 

Reason 

To protect the amenity of nearby residential occupiers and to satisfy Hart D District Local Plan (Replacement) 1996-2006 Saved Policy GEN1. 

 

INFORMATIVES

The Council works positively and proactively on development proposals to deliver sustainable development in accordance with the NPPF. In this instance the applicant was advised of the necessary information needed to process the application and once received, the application was acceptable and no further engagement with the applicant was required.

Replacement petrol station, including pumps, canopy and shop

 

Members considered the application and discussed the following:

·       Height of single storey building.

·       Proximity and loss of light to the neighbour’s property.

·       Possible rise in litter and night disturbances.

·       The increased use of the petrol garage.

·       Lack of pedestrian access.

·       Approved lighting and landscaping requirements prior to proposed renovation.

·       Whether screening refers to blocking a view of the development or making the development visually appealing.

 

Members discussed planting:

·       Suggested the developer research, provide and maintain adequate planting.

·       That neighbour’s planting should not be affected.

·       Any enhanced planting would need to be agreed in writing formally.

·       Trees would require safeguarding.

·       If there was no planting would there be a request for more planting for screening?

 

Members discussed opening hours:

·       As there are no current restrictions on opening hours is it reasonable to impose hours?

·       11pm closing time is satisfactory according to environmental health legislation.

·       Concerns regarding residential amenities.

·       There are no restrictions on the opening hours of the petrol filling station or the shop, but there were restrictions on the hours of use of the car wash.

 

Members discussed electric charging points:

·       Possibility of using electricity powered by renewable energy such as a green tariff.

 

Members voted for an amendment to the proposal conditions which was carried.

 

DECISION – GRANT as per Officer recommendation, with the addition of an Informative relating to renewable energy and screening, an amendment to condition No 8 to include a landscape management plan approved by HDC tree officers and condition No 12 to modify the opening hours to 07:00 hours to 22.00 hours.

 

CONDITIONS 

 

1The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 

 

Reason 

To comply with Section 91 of the Town and Country Planning Act 1990 (as 

amended). 

 

2The development hereby approved shall be carried out in accordance with the following plans: 

 

Proposed Site Elevations 190508-04C 

Proposed Site Layout 190508-03J 

Proposed Site Layout (1:200 Scale) 190508-03-1I 

Proposed Building Details 190508-05B 

Tracking Layout 190508-06E 

Landscape Plan 4630 01 Rev C 

 

Reason 

To ensure that the development is carried out in accordance with the approved plans and particulars. 

 

3No development shall commence until a Remediation Strategy to deal with the risks associated with contamination of the site has been submitted to, and approved in writing by, the Local Planning Authority. This strategy shall include: 

 

a.    A site investigation scheme, based on the Phase One Environmental Risk Assessment Report (Preliminary Risk Assessment) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site. 

 

b.    The results of the site investigation and the detailed risk assessment referred to in (a) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 

 

c.     A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (2) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. 

 

The development shall take place in accordance with the approved Remediation Strategy. 

 

Reason 

To ensure that the development does not contribute to and is not put at unacceptable risk from or adversely affected by unacceptable levels of water pollution and to satisfy Hart Local Plan (Strategy and Sites) 2032 Policy NBE11 and the National Planning Policy Framework. 

 

4No construction shall take place until a Surface Water Drainage Scheme for the site, based on sustainable drainage principles, has been submitted to, and approved in writing by, the Local Planning Authority. 

 

Any proposed drainage system for the infiltration of surface water to the ground must be supported by an assessment of the risks to controlled waters. 

 

The development shall take place in accordance with the approved Surface Water Drainage Scheme. 

 

REASON 

To ensure that the proposed development would not increase the risk of flooding elsewhere, be safe from flooding and to satisfy Hart Local Plan (Strategy and Sites) 2032 Policy NBE5 and the National Planning Policy Framework. 

 

5Prior to the installation of any external fixed plant or machinery, details of such plant and machinery shall be submitted to, and approved in writing by, the Local Planning Authority. The details shall include: 

 

1. Proposed location(s) 

2. Specific manufacturer's details 

3. Expected noise emissions 

4. An assessment of the expected cumulative noise impact of all fixed plant and equipment for which approval is sought under this condition 

5. Specifications for any noise mitigation measures proposed. 

 

The development shall take place in accordance with the approved external fixed plant details and plant and equipment shall be maintained so as to operate in accordance with the submitted details. 

 

Reason 

To ensure a satisfactory noise environment and to satisfy Hart Local Plan (Strategy and Sites) 2032 Policy NBE11, saved Policy GEN1 of the Hart District Local Plan (Replacement) 1996-2006 and the National Planning Policy Framework.  

 

6Prior to the installation of any external lighting, an External Lighting Scheme shall be submitted to, and approved in writing by, the Local Planning Authority. The Scheme shall include details of locations, direction, Lux levels, hours of operation and maintenance. 

 

External lighting shall only be installed, operated and maintained in accordance with the approved External Lighting Scheme. 

 

Reason 

To protect the amenity of nearby residential occupiers and to satisfy Hart Local Plan (Strategy and Sites) 2032 Policy NBE11 and Hart District Local Plan (Replacement) 1996-2006 Saved Policy GEN1. 

 

 7Prior to the occupation and use of the development herby approved  details of two passive electric vehicle charging points shall be submitted to, and approved in writing by, the Local Planning Authority. The details shall include the location and necessary infrastructure. The passive electric vehicle charging points shall be installed and maintained in accordance with the approved details. 

 

Reason 

To contribute to the reduction of climate change and to satisfy Hart Local Plan (Strategy and Sites) 2032 Policy NBE9. 

 

8The development shall take place in accordance  with Arboricultural Method Statement (Version 2). 

 

Reason 

To safeguard off-site trees and to satisfy Hart Local Plan (Strategy and Sites) 2032 Policy NBE9. 

 

9The approved parking facilities for vehicles and cycles as identified on drawing no. Proposed Site Layout 190508-03J shall not be used for any purpose other than the parking of vehicles and cycles and access shall be maintained at all times to allow them to be used as such. 

 

 

Reason 

To ensure that the development is provided with adequate parking to prevent the likelihood of on-street car parking and to satisfy Hart Local Plan (Strategy and Sites) 2032 Policies NBE9 and INF3 and Hart District Local Plan (Replacement) 1996-2006 Saved Policy GEN1. 

 

10The development shall take place in accordance with the Demolition and Construction Method Statement (January 2021) and Addendum (22.04.21). 

 

Reason 

To protect the amenity of nearby residential occupiers and to satisfy Hart District Local Plan (Replacement) 1996-2006 Saved Policy GEN1. 

 

11Notwithstanding Condition 10, no demolition, construction or delivery of materials shall take place at the site except between 07:30 hours to 18:00 hours weekdays or 08:00 to 13:00 hours Saturdays. No demolition, construction or delivery of materials shall take place on Sundays, Bank Holidays or Public Holidays. 

 

Reason 

To protect the amenity of nearby residential occupiers and to satisfy Hart District Local Plan (Replacement) 1996-2006 Saved Policy GEN1. 

 

12The development hereby approved shall only be open for customers between 07:00 hours and 23:00 hours. 

 

Reason 

To protect the amenities of the area and to satisfy Hart District Local Plan  

(Replacement) 1996-2006 Saved Policy GEN1 

 

13Deliveries to, and waste collection from, the convenience store shall only take place between 07:30 and 18:00 hours Monday to Saturday. No deliveries or waste collection shall take place on Sundays, Bank Holidays or Public Holidays. 

 

Reason 

To protect the amenity of nearby residential occupiers and to satisfy Hart D District Local Plan (Replacement) 1996-2006 Saved Policy GEN1. 

 

INFORMATIVES

The Council works positively and proactively on development proposals to deliver sustainable development in accordance with the NPPF. In this instance the applicant was advised of the necessary information needed to process the application and once received, the application was acceptable and no further engagement with the applicant was required.

 

Notes: Mr James Berggren spoke for the application.

Amy Stevens spoke against the application.