Agenda item

            The Planning Manager reminded the Committee that the application had been considered by the Committee at its meeting on 15th June, 2021. At that meeting, the Committee had resolved to grant planning permission, subject to conditions and completion of a Section 76 planning agreement. He explained that the purpose of the Section 76 Planning Agreement was to:

·        require the existing Lidl store to cease trading upon opening of the replacement Lidl store on the new site (in order to prevent two retail stores operating which would be contrary to retail planning policy);

·        require the conversion of the existing Lidl store to Use Class B4 (storage and distribution); and

·        completion of the other proposed business units to off-set the loss of overall employment land.

The Committee was advised that it was originally envisaged that the conversion works to the existing Lidl store would be required prior to occupation of the replacement Lidl store on the new site. However, that was impractical because it would not allow retail to continuously operate from Montgomery Road.  It was therefore proposed that the conversion works to the existing Lidl store should be completed within three years of the first occupation of the replacement Lidl Store. The Committee was advised that course of action was considered reasonable from a planning and commercial perspective.

The Late items report at the June meeting had advised the Committee that completion of the other new build business units should also be secured by the Section 76 planning agreement to off-set the overall loss of employment land across the site. However, the Planning manager advised that, throughout the negotiations, the applicant had stated that the delivery of the other business units would be market driven and that the requirement to complete those units was commercially unrealistic and would put the scheme at jeopardy.  Officers had therefore revisited whether the requirement was fundamentally necessary to make the proposed development acceptable.

He outlined that, whilst the Council gave significant weight to dBMAP 2015 given its very advanced stage in the process, the land was technically un-zoned for employment and was “white land” in the BUAP 2001. Consequently, the site was unzoned employment land for the purposes of Policy PED 7 of PPS 4 and therefore the second part of Policy PED 7 applied.  He reminded the Committee that only one criterion in the second part of PED 7 needed to be satisfied and that proposal was considered to satisfy criteria b.  He advised that that aspect of the proposal was therefore policy compliant and it was considered that there was no policy requirement for the other business units to be completed.

He advised the Committee that it was recommended that planning permission continued to be granted but that the terms of the Section 76 planning agreement be revised as follows:

·        the requirement for conversion of the existing Lidl store to Use Class B4 (storage and distribution) in accordance with the approved plans within 3 years of first occupation of the replacement Lidl Store on the new site; and

·        the removal of the requirement for completion of the other business units.

            The Chairperson welcomed Mr. D. Monaghan, agent, to the meeting.  He provided the Committee with the benefits of the scheme and asked that the Committee would approve the changes as outlined by the Planning Manager.

            The Committee granted approval to the application, subject to conditions and delegated power to the Director of Planning and Building Control for the final wording of the conditions and the Section 76 planning agreement.