Erection of a new building for coffee shop/cafe use with 'drive thru' lane and associated physical works to site layout.

The committee received the report of the Head of Development Management, including the relevant planning history of the site and details of the responses to the application. 

The Principal Planning Officer introduced the report.  She explained that the application was for the erection of a new building measuring 205 sq m for coffee shop/cafe use (use classes A1/A3) with 'drive thru' lane and associated physical works to site layout.  It was confirmed that the application was not seeking permission for the establishment of a 24 hour fast food take-away restaurant as had been suggested by some objectors.

Attention was drawn to the update sheet which included an updated consultee response from the Lead Local Flood Authority and changes to the conditions.

The Chair invited Tim Price, the agent from Savills, to speak in support of the application.  Mr Price drew the committee’s attention to the comments from the statutory consultees who had not raised any objections to the application, including in regard to any detrimental impact on local residents’ amenity. 

Reiterating the intended use of the proposed development and referring to a letter of support received from the Costa coffee chain, Mr Price suggested that the scheme was entirely consistent with the surrounding area and would mainly serve existing visitors to the retail park.  It represented an investment in the borough and would generate new jobs in the town.

The Chair invited comments from the committee.

Committee members broadly welcomed the development.  It was noted that condition 10 ensured that a separate application would be required should a change of use from a coffee shop/café be proposed in the future.

In a clarification, the Principal Planning Officer confirmed that the main risk of flooding in the area came from the river and not from surface water.  For this reason, reference to the Environment Agency had not been required.  However, condition 8 had been amended by Hertfordshire County Council as the Lead Local Flood Authority to prevent any increased risk of flooding both on and off site.  In addition, condition 11 had been added to the permission to further address any flooding risks.

The Chair moved the officer’s recommendation.

RESOLVED –

that conditional planning permission be granted subject to the conditions listed below:

1.         The development to which this permission relates shall be begun within a period of three years commencing on the date of this permission.

2.         The development shall be carried out in accordance with the following drawings, unless otherwise approved in writing by the Local Planning Authority. The following drawings are hereby approved:

14492-11A - Location Plan

14492-111 – Existing Overall Site Plan

14492-112 – Existing Site Plan

14492-113G – ‘Proposed Overall Site Plan’;

14492-114J – ‘Proposed Site Plan’; and

14492-115B – ‘Proposed GA and Roof Plan’.

14492-116D – ‘Proposed Elevations’.

14492-117A - Proposed Cycle Details

Drive thru barrier details

3.         No works shall commence until a detailed scheme for the provision of mains water services to serve the development, including, where necessary, fire hydrants, has been submitted to and approved in writing by the Local Planning Authority. No occupation of the development shall take place until the approved scheme has been provided in full.

4.         No works shall commence until a scheme of detailed road sign/carriageway markings relating to the entrance of the site has been drawing leading to the entrance to the development has been submitted to and approved in writing by the Local Planning Authority. No occupation of the development shall take place until the approved scheme has been installed in full.

5.         No work shall commence until a detailed tree and landscaping scheme for the site, including details of trees to the retained, trees to be removed and replacement planting, has been submitted to and approved in writing by the Local Planning Authority. The approved landscaping scheme shall be carried out not later than the first available planting and seeding season after completion of development. Any trees or plants whether new or existing which within a period of five years die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, or in accordance with details approved by the Local Planning Authority.

6.         All the external surfaces of the development shall be finished in the materials detailed in the material specification on drawing 14492-116 Rev D- Proposed Elevations. Details of any alternative or additional materials shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and the development shall only be carried out in accordance with details approved by this Condition.

7.         Notwithstanding the information already submitted, details of the size, type, siting and finish of a cycle storage enclosure for the proposed development shall be submitted to and approved in writing by the Local Planning Authority. The storage approved under this condition shall be installed and made available for use prior to the use of the development and shall be retained at all times for cycle storage only and shall not be used for any other purpose.

8.         No development shall take place until a detailed surface water drainage scheme for the site based on the approved drainage strategy and sustainable drainage principles, has been submitted to and approved in writing by the local planning authority. The surface water drainage system will be based on the submitted approved surface water drainage assessment carried out by Ambiental, reference 3737 SWDS, dated March 2018, version draft v5.0. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. 

The scheme shall also include:

1.      Detailed engineered drawings of the proposed SuDS features including cross section drawings, their size, volume, depth and any inlet and outlet features including any connecting pipe runs.

2.      Final detailed management plan to include arrangements for adoption and any other arrangements to secure the operation of the scheme throughout its lifetime.

9.         Prior to occupation of the new development, the car parking provision shall be installed in accordance with approved drawing 14492-114 Rev J ‘Proposed Site Plan’ and retained as such unless otherwise approved in writing by the Local Planning Authority.

10.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), and any subsequent legislation that amends or supersedes this Order, the floor space hereby approved shall only be used only as a coffee shop/café with eat in and takeaway facilities and for no other purpose, including any other uses within use Classes A1/A3 of the Town and Country Planning (Use Classes) Order 1987 (as amended).

11.       The development permitted by this planning permission shall be carried out in accordance with the approved surface water drainage assessment carried out by Ambiental, reference 3737 SWDS, dated March 2018, version draft v5.0 and the following mitigation measures detailed within the FRA:

1.      Limiting the surface water run-off generated by the critical storm events so that it will not exceed the surface water run-off rate of 13.3 l/s for the 1 in 1 year, 30.8 l/s for the 1 in 30 year and 45.2 l/s for the 1 in 100 year rainfall event plus 20% of climate change event from the developable area. 

2.      Providing storage to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + climate change event providing a minimum of 61.3 m3 (or such storage volume agreed with the LLFA) of total storage volume in underground tank and storage network.

3.      Discharge of surface water from the private drain into the River Colne.

            The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

Informatives

1.         The Local Planning Authority has been positive and proactive in its consideration of this planning application, in line with the requirements of the National Planning Policy Framework and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015. The Local Planning Authority suggested modifications to the development during the course of the application and the applicant submitted amendments which result in a form of development that maintains/improves the economic, social and environmental conditions of the District.

2.         You are advised that this permission does not dispense with the necessity of obtaining approval or consent under the Building Regulations, Building Acts and other relevant legislation or regulations.  You should contact the Building Control Manager of this Authority if you require information.

3.         You are advised of the need to comply with the provisions of The Control of Pollution Act 1974, The Health & Safety at Work Act 1974, The Clean Air Act 1993 and The Environmental Protection Act 1990.

            In order to minimise impact of noise, any works associated with the development which are audible at the site boundary should be restricted to the following hours:

·         Monday to Friday 8am to 6pm

·         Saturdays 8am to 1pm

·         Noisy work is prohibited on Sundays and bank holidays

            Instructions should be given to ensure that vehicles and plant entering and leaving the site comply with the stated hours of work.

            Further details for both the applicant and those potentially affected by construction noise can be found on the council’s website at:

            https://www.watford.gov.uk/info/20010/your_environment/188/neighbour_complaints_%E2%80%93_construction_noise.