Agenda item

Variation of condition 12 of planning permission granted on appeal dated 23 June 2017 (RN: 16/09313/FULL and appeal reference APP/X5990/W/17/3168220) which in itself varied conditions 16 and 17 of planning permission dated 9 October 2014 (RN: 13/12442/FULL) for reconfiguration of the ground and first floors to provide a supermarket (Class A1) at part ground floor and first floor levels with three retail shop units (Class A1) and two restaurant/ cafe units (Class A3) at ground floor level, extension to Porchester Road and Bishop's Bridge Road elevations to infill existing colonnade and create entrance lobby to supermarket, infilling of basement vents to Bishop's Bridge Road, alterations to street facades, amendments to rear service yard, installation of mechanical plant and associated public realm works. NAMELY, amendments to the servicing management plan to reflect current delivery and servicing arrangements.

An Additional Representation was received from Councillor Maggie Carman

(20.06.22)

Late Representations were received from Councillor David Boothroyd (27.06.22) and TR Property Investment Trust PLC (date unknown).

The presenting officer tabled the following changes to the Report and Condition 9.

PLANNING APPLICATIONS SUB COMMITTEE 28 June 2022

Item 2 – The Colonnades

Description of Development: This has been amended to refer to the addition of Conditions 31 and 32. It should now read:

Variation of condition 12 of planning permission granted on appeal dated 23 June 2017 (RN: 16/09313/FULL and appeal reference APP/X5990/W/17/3168220) which in itself varied conditions 16 and 17 of planning permission dated 9 October 2014 (RN: 13/12442/FULL) for reconfiguration of the ground and first floors to provide a supermarket (Class A1) at part ground floor and first floor levels with three retail shop units (Class A1) and two restaurant/ cafe units (Class A3) at ground floor level, extension to Porchester Road and Bishop's Bridge Road elevations to infill existing colonnade and create entrance lobby to supermarket, infilling of basement vents to Bishop's Bridge Road, alterations to street facades, amendments to rear service yard, installation of mechanical plant and associated public realm works. NAMELY, amendments to wording of condition 12 to allow the review of the operation and management of the servicing area at the Colonnades and to reflect current delivery and servicing arrangements. Addition of Conditions 31 and 32 relating to the acoustic matting and pedestrian clear route plan.

Change to Condition 9

Condition should read:

The design and structure of the development shall be of such a standard that it will protect residents within the same building or in adjoining buildings from noise and vibration from the development, so that they are not exposed to noise levels indoors of more than 35 dB LAeq 16 hrs daytime and of more than 30 dB LAeq 8 hrs in bedrooms at night.

Instead of the published condition:

The design and structure of the building shall be of such a standard that it will protect residents within it from existing external noise so that they are not exposed to levels indoors of more than 35 dB LAeq 16 hrs daytime and of more than 30 dB LAeq 8 hrs in bedrooms at night.

Rebecca Amos addressed the Sub-Committee in support of the application.

Alan Ogilvie addressed the Sub-Committee in objection of the application.

RESOLVED: (For Councillors Jason Williams and Councillor Jim Glen. Against Councillor Ruth Bush and Councillor Md Shamsed Chowdhury) Councillor Williams used his casting vote)

1.     That conditional permission, as amended, be granted subject to a deed of variation to the original legal agreement dated 9 October 2014 to secure the originally agreed planning obligations.

2.     If the deed of variation has not been completed within six weeks of the date of the Committee resolution, then:

            a) The Director of Place Shaping and Town Planning shall consider whether          the permission can be issued with additional conditions attached to secure            the benefits listed above. If this is possible and appropriate, the Director of             Place Shaping and Town Planning is authorised to determine and issue such    a decision under Delegated Powers; however, if not

            b) The Director of Place Shaping and Town Planning shall consider            whether permission should be refused on the grounds that it has not         proved possible to complete an agreement within the appropriate       timescale,             and that the proposals are unacceptable in the absence of        the benefits that             would have been secured; if so, the Director of Place Shaping and Town Planning is authorised to determine the application and agree appropriate      reasons for refusal under Delegated Powers.

3.     That the Service Management Plan (SMP) provide contact details for the Facilities Manager to the Residents Association; requires the regular servicing of the scissor lift at intervals justified by a lift engineer; reinstate requirement that delivery drivers call 10 minutes ahead unless extenuating circumstances prevent it. Once amended the SMP be dealt with by delegated powers with the agreement of the Chairman.