(Report of the Assistant Director Growth and Regeneration)
Application no: 0501/2020
Development: Subdivision of the existing retail unit to create two units and to allow the sale of food from both units, alterations to the external appearance of the building and the existing car park, provision of a new service yard, and the erection of a restaurant and drive thru facility and associated landscaping works
Location: Former John Lewis Store, Ventura Park
Subdivision of the existing retail unit to create two units and to allow the sale of food from both units, alterations to the external appearance of the building and the existing car park, provision of a new service yard, and the erection of a restaurant and drive thru facility and associated landscaping works)
Former John Lewis Store, Ventura Park
Approved subject to the conditions outlined below in accordance with the requirements outlined in this report
1. The development shall be started within three years of the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2. The development hereby approved shall only be carried out in accordance with the application form, the supporting letter and drawing numbers: The development hereby permitted shall only be carried out in accordance with the application form, the supporting letter and drawings:
3241/200 – Location Plan
3241/204 Revision B – Proposed Site Plan
3241/205 Revision B – Proposed Floor Plan
3241/206 Revision C – Proposed Elevations
3241/207 – Proposed Coffee Drive Thru* Plans and Elevations
0398/20/B/1 – Landscape Planting Plan
Reason: For the avoidance of doubt and in the interests of achieving sustainable development. To define the permission.
3. No development shall begin until the final detailed surface water drainage design has been submitted to and approved by the Local Planning Authority in consultation with the Lead Local Flood Authority. The design must demonstrate:
• Surface water drainage system(s) designed in accordance with the Non-technical standards for sustainable drainage systems (DEFRA, March 2015).
• SuDS design to provide sufficient water quality treatment, in accordance with the CIRIA SuDS Manual Simple Index Approach and SuDS treatment design criteria.
• Mitigation indices are to exceed pollution indices for all sources of runoff and sufficient treatment measures should be in place.
• Limiting the discharge rate generated by all rainfall events up to 100 year plus climate change in accordance with the guidance in the SCC SUDS Handbook. Provision of surface water runoff attenuation storage to achieve the limited discharge.
• Detailed design (plans, network details and full hydraulic calculations) in support of any surface water drainage scheme, including details on any attenuation system, SuDS features and the outfall arrangements.
• Calculations should demonstrate the performance of the designed system and attenuation storage for a range of return periods and storm durations, to include as a minimum the 1:1 year, 1:30 year, 1:100 year and the 1:100-year plus 40% climate change return periods.
• Plans illustrating flooded areas and flow paths in the event of exceedance of the drainage system.
• Finished floor levels to be set higher than ground levels to mitigate the risk from exceedance flows.
These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing/ phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.
Reason: To reduce the risk of flooding to the proposed development and future occupants
4. No development shall begin until drainage plans for the disposal of foul water flows have been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.
Reason: To ensure that the development is provided with a satisfactory means of drainage and to minimise the risk of pollution.
5. No phase of the development shall take place, including any demolition works, until a Construction Vehicle Management Plan (CVMP) has been submitted to and approved in writing by the Local Planning Authority. The approved statement shall be adhered to throughout the construction period. The statement shall include:
• Arrangements for the parking of site operatives and visitors.
• Loading and unloading of plant and materials.
• Storage of plant and materials used in constructing the development
• Construction and delivery hours
• Measures to remove mud or debris carried onto the highway
Reason: To protect pedestrian and highway safety in accordance with Policy SU2 of the Local Plan
6. The development hereby permitted shall not be brought into use until the parking, turning and servicing areas have been provided in accordance with the details as shown on submitted Drg. ‘Proposed Site Plan drawing 3241/204 Rev. B’ and the parking bays shall be clearly delineated. The parking, turning and servicing areas shall remain free from obstruction and shall be retained for their intended use thereafter. Reason: To protect pedestrian and highway safety in accordance with Policy SU2 of the Local Plan.
7. The development hereby permitted shall not be brought into use until covered and secure cycle storage for staff and customers are provided in accordance with details first to be submitted to and approved in writing by the Local Planning Authority. These facilities shall subsequently be maintained retained thereafter. Reason: To encourage alternative, more sustainable modes of transport in accordance with Policy SU2 of the Local Plan.
8. Notwithstanding the information provided prior to their incorporation in to the building(s) hereby approved, details and/or samples of the facing materials to be used shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be constructed using the approved facing materials. Reason: In the visual interest of the building(s) and the surrounding area.
9. The approved details of soft landscaping shall be carried out in the first planting and seeding seasons following the first occupation of the buildings or the completion of the development, whichever is the sooner; any plants which within a period of five years (ten years in the case of trees) from the completion of the phase die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species and thereafter retained for at least the same period, unless the Local Planning Authority gives written consent to any variation. Reasons: In the interests of the setting and visual appearance of the development in compliance with policies EN4 and EN5 as set out in the Tamworth Local Plan 2006-2031 and provisions of the NPPF.
10.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015, as amended, or any order revoking and re-enacting that Order with or without modification, the coffee shop, restaurant and drive thru hereby approved shall be used only for the specified purpose and for no other purpose whatsoever. Reason: Only the approved use has been considered in establishing whether the proposal would have acceptable impacts in this location, and other uses would require further detailed consideration by the Local Planning Authority.
11. The two retail units hereby approved shall not be subdivided into smaller retail units. Reason: In the interests of preserving the vitality and viability of the Town Centre as there may be more sequentially preferable sites available for smaller units.
12.The coffee shop and restaurant shall remain ancillary to the drive thru element of the proposal and no more than 30% of the total floor area of the building shall be used as a dine-in seating area. Reason: to ensure that there is adequate on-site parking provision, in the interests of highway safety
While the site is in an area benefiting from flood defences the impact that a breach or overtopping of the defences should be considered in the design of the development.
We would strongly advise including a finished floor level freeboard and incorporating a flood proof design to the new buildings to make the site resilient should these events happen.
(Moved by Councillor R Kingstone and seconded by Councillor J Chesworth)