Agenda item

Erection of new retail units, a "pod" building for retail and cafe restaurant purposes with local amenity uses above, a new area of public realm along with access, car parking, servicing facilities, landscaping and associated works at the South Aylesford Retail Park, Quarry Wood Industrial Estate, Aylesford.

RESOLVED:  That planning permission be GRANTED in accordance with the submitted details, conditions, reasons and informatives set out the report of the Director of Planning, Housing and Environmental Health, subject to

(1)          The applicant providing an undertaking to the Borough Council that the deed of dedication of the land necessary to enable the wider off-site highway works will take place prior to the commencement of the development.

(2)          Deletion of Condition 13 and the consequential renumbering of Conditions 14 – 23.

(3)          Amend Conditions

5. No trading shall take place in Units 10A, 10B and 10C other than between the hours of 08:00-22:00 Monday to Saturday and 08:30-20:00 on Sundays and Bank and Public Holidays.

Reason: To avoid unreasonable disturbance to nearby residential properties.

6. Deliveries of goods to Units 10A, 10B and 10C shall be undertaken only between the hours of 0700-1800 Mondays to Saturdays with no deliveries on Sundays unless otherwise agreed in writing with the Local Planning Authority.

Reason: To avoid unreasonable disturbance to nearby residential properties.

7. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987, with the exception of up to a total of 1,626sqm sales area within any of the approved retail units marked as Units 10A, 10B and 10C shown on approved drawing 1290-P-111-D dated 25 April 2019, no goods shall be sold without the prior written approval of the Local Planning Authority, other than the following:-   

-           DIY home and garden improvement products, hardware,    

-           Self-assembly and pre-assembled furniture, 

-           Household furnishings and floor coverings,   

-           Electrical goods,         

-           Motor and cycle accessories, motor vehicles and cycles,    

-           Food and drink (for consumption on the premises), and       

-           Toys (including play equipment, baby equipment and products, sports goods and equipment, electronic games and equipment and other ancillary items associated with toys and children's entertainment

At no time shall more than 1% of the sales area be used for the sale of alcohol based gift packs  

Reason: To avoid harm to the viability and vitality of nearby shopping centres and in accordance with paragraph 85 of the National Planning Policy Framework

8. Prior to the first occupation of any unit hereby approved the applicant shall submit details to the Local Planning Authority of any ventilation systems required for the removal and treatment of cooking odours, drawing reference to the requirements and recommendations of the DEFRA document 'Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems'.

The odour details shall include risk assessments for odour as detailed in Annex C of the DEFRA guidance.

Reason: In the interests of the amenities of nearby properties.

9. No fixed plant and/or machinery shall come into operation until details of the fixed plant and machinery serving the development hereby permitted, and any mitigation measures to achieve this condition, are submitted to and approved in writing by the local planning authority. The rating level of noise emitted from all fixed plant and machinery shall not exceed the background noise level when measured or calculated at 1 metre from the façade of the nearest noise sensitive property. The measurements and assessment shall be made according to 4142:2014. The acoustic details shall include full spectrum octave analysis for all proposed ventilation equipment, demonstrating that the combined noise from all of the equipment shall not exceed NR35 at the nearest noise sensitive premises/site boundary.

Reason: To protect the amenities of nearby residential properties.

11. External lighting shall be installed in full accordance with the external lighting statement dated 3 December 2018 and drawing number 5387-LTG-01 dated 25 April 2019.  Details of any additional external lighting of the site (including a layout plan with beam orientation and a schedule of equipment in the design (luminaire type, mounting height, aiming angles and luminaire profiles)) shall be submitted to and approved in writing by the Local Planning Authority. The lighting shall be installed, maintained and operated in accordance with the approved details.   

Reason: In the interests of the visual amenities of the area and in accordance with policy CP24 of the Tonbridge and Malling Borough Core Strategy 2007 and paragraph 180 of the National Planning Policy Framework.

14. (now 13) The use of Units 10A, 10B and 10C shall not be commenced, nor these premises occupied, until the area shown on the approved drawing no. 1290-P-111-D received 25 April 2019 as loading and off-loading and turning space has been surfaced and drained.  Thereafter it shall be kept available for such use and no permanent development, whether or not permitted by the Town and Country Planning (General Permitted Development) Order 2015 (or any order amending, revoking or re-enacting that Order) shall be carried out on that area of land or in such a position as to preclude its use.

Reason:  To ensure that adequate servicing area is provided and maintained.

(4)          Additional Informative:

5. The applicant is strongly encouraged to consider opportunities for incorporating renewable energy technologies into the approved development wherever possible and for measures to support biodiversity within the construction of the building.

[Speakers:  John Balcombe – Chairman, Aylesford Parish Council and Jonathan Best – agent]