Agenda item

Gillingham North

Construction of a Foodstore (Use Class A1 - Retail)  together with associated car and cycle parking, servicing, landscaping, and associated works. 

Discussion

The Planning Manager outlined the planning application and informed the Committee that a previous application MC/19/1875 for a limited assortment discount (LAD) food store at the application site had been granted planning permission on the 3 April 2020. However, following a challenge by judicial review, the parties involved in the challenge had agreed a consent order that the planning permission be quashed on a narrow and technical ground. The consent order had been finalised and sealed by the court on the 27 July 2020. As a result, the decision to grant planning permission for MC/19/1875 had been quashed and was once again a live planning application. However, given the uncertainty regarding timescales for the court decision for the consent order, the applicant had submitted this duplicate application for consideration.

The Planning Manager informed the Committee that since despatch of the agenda, the applicant had submitted further information and additional representations had been received both supporting and objecting to the planning application, details of which were summarised on the supplementary agenda advice sheet. In addition, a further letter of objection had been received on behalf of Asda stating that a request had been made to the Secretary of State on 18 August 2020 for a screening direction and therefore they were of the opinion that should the Council determine the current application prior to the Secretary of State's decision this would be unlawful.

The Planning Manager advised that whilst the site was not within a core retail area, nor within any other area allocated for retail use, having regard to the provisions of Policy R13 of the Local Plan and Paragraphs 80 and 86 of the National Planning Policy Framework (NPPF) and Queen's Counsel advice submitted by the applicant, it had been concluded that there was no suitable site within core retail areas of Gillingham or Chatham that would be suitable for the proposed development. Therefore, no objection was raised to the principle of the proposed development.

In terms of the retail impact, the proposal fell below the 2,500 sq.m. threshold for a retail impact assessment specified in paragraph 89 of the NPPF.

Having regard to the request submitted to the Secretary of State it was suggested that if the Committee was minded to approve the planning application, such approval be by way of a resolution to grant planning permission subject to the outcome of the Secretary of State's decision regarding the environmental impact assessment. It was noted that if the Secretary of State determined that an environmental impact assessment was required, the planning application would be reported to this Committee for determination at a future date.

The Planning Manager also suggested that if the Committee was minded to approve the application, an additional condition 25 be approved requiring that the shop remain in A1 use so that it could not change under Permitted Development Rights.

The Committee discussed the application and referring to proposed condition 23, it was suggested that when considering off-site planting, the provisions of the Tree Strategy currently in production by Greenspaces be taking into account. The Planning Manager confirmed that this could be attached by way of an informative.

Decision:

a)         The Committee resolved to approve this application subject to the Secretary of State not requiring an environmental impact assessment with conditions 1 – 24 as set out in the report for the reasons stated in the report and a new condition 25 and informative as follows:

25.       The shop shall remain in A1 use and not be able to change under Permitted Development Rights.

Informative: Any future off-site planting have regard to the Tree Strategy currently being produced by Greenspaces.

b)         The Head of Planning be granted delegated authority to approve the wording of condition 25 and the informative with the Chairman, Vice Chairman and Opposition Spokesperson outside of the meeting.