Agenda item

Gillingham North

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

Discussion: 

The Head of Planning outlined the planning application and informed the Committee that two previous applications MC/19/1875 and MC/20/1431 for a limited assortment discount (LAD) foodstore at this application site had been granted planning permission but that following a challenge by judicial review, the parties involved had agreed a consent order that the planning permissions be quashed on a ground relating to the officer’s report failing to refer to Polices related to flood risk that were considered relevant to the applications. He confirmed that both applications had now been quashed.

However, given the uncertainty regarding timescales for the court decision, the applicant had chosen to submit this duplicate application to address the issues raised regarding flood risk.

The Committee was advised that the only the difference between the current application and those in MC/20/1431 and MC/19/1985 was that 4 electric vehicle (EV) charging points were now provided within the scheme instead of 2.

The Head of Planning referred to a letter received from the applicant as appended to the supplementary agenda advice sheet.

The Head of Planning also drew attention to suggested amendments to proposed conditions 25 and 26 as set out on the supplementary agenda advice sheet (no. 27 being corrected to no. 26 at the meeting). He further advised that the supplementary agenda advice sheet also provided updated information for the proposal, appraisal, flood risk and surface water and conclusions and reasons for approval sections of the report.

In outlining the application, the Head of Planning drew particular attention to the fact that although the application site was not in a core retail area or identified as such in the Local Plan and, as the proposed development was under the 2,500sqm threshold, a retail assessment was not required. However, following a retail assessment undertaken by officers, it was considered that there was no other suitable site for the retail element proposed in Gillingham or Chatham and assessing the proposed development against the criteria of Policy R13 of the Local Plan, officers were satisfied that the development would not create a detriment to either town centre.

In addition, he advised that although Pier Road was the subject of localised flooding, owing to the application site being 1.5m above the highway, officers were satisfied that tidal flooding would not be an issue for this site. In relation to surface water flooding, the development had been assessed in accordance with national and local policy requirements and subject to the conditions recommended was deemed to be acceptable.

The Committee discussed the application and noted the various legal challenges that had arisen for previous applications relating to the development of this site for a LAD foodstore. It was not considered that in determining a planning application, the Committee could give weight to commercial challenges from other supermarkets.

Decision:

Approved with conditions 1 – 24 as set out in the report for the reasons stated in the report and conditions 25 and 26 amended as follows:

25.       No development shall take place above slab level until an Air Quality Emissions Mitigation Statement has been submitted to and approved in writing by the Local Planning Authority. The Statement shall be prepared in accordance with the Medway Air Quality Planning Guidance and shall specify the measures that will be implemented as part of the development to mitigate the air quality impacts identified in the apQuality Assessment Ref: AQ_assessment/2019/Lidl_Medway Rd (dated 4 June 2020). The total monetary value of the mitigation to be provided shall be demonstrated to be equivalent to, or greater than, the total damage cost values calculated as part of the approved Air Quality Assessment. The development shall be implemented, and thereafter maintained, entirely in accordance with the measures set out in the approved Mitigation Statement.

Reason:  Required prior to commencement of development to ensure the adequate protection of health and amenity of the surrounding area in accordance with Policy BNE24 of the Medway Local Plan 2003.

26        The proposed E(a) Use (Retail) hereby permitted shall remain in that use and no other Class E uses within Schedule 2, Part A, Class E of the Town and Country Planning (Use Classes) Order 1987 (as amended) shall be carried out unless planning permission has been granted on an application relating thereto.

Reason: To enable the Local Planning Authority to control such development in the interests of neighbouring and occupier amenity in accordance with Policy BNE2 of the Medway Local Plan 2003.