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V26-724 : PLANNING APPLICATIONS REFERRED FOR DECISION

(a) Land at Hillside Road, Bungay

The report of the Director of Planning and Building Control considered the merits of planning application W12187/5 for the construction of a retail store, which had been referred from the former Rural Planning Sub-Committee for determination with a recommendation for approval.

The recommendation of the Director of Planning and Building Control was for refusal as contrary to Local Plan Policy SH03, in that the proposal would have an unacceptable impact upon the vitality and viability of the town centre. This was also borne out by the findings of consultants. Previous permissions had been at a time when out of town shopping had been more acceptable to the previous Government. However, unlike Beccles and Halesworth, Bungay to date had no large store as such, and permission could in a time of sustainability see present journeys to Beccles or Harleston negated. There would also be an agreement that the existing Co-Operative store in the town centre would remain open for the foreseeable future.

The Director also mentioned a recent application for the Clays site which in time could present a more favourable option, whilst also warning that the current Government's consultants were again looking at the negative impact of large stores on town centres. If approved, the application would have to be referred to the Secretary of State in due course. Objections to, and support for, the scheme were contained in the Director's written report.

Ward Members, whilst aware of policy, reminded that Bungay to date had no larger store, and that trade was going out of the town to similar sites at Beccles and Harleston; borne out by South Norfolk District Council's objection that the Harleston Budgen store could be affected. There was no brownfield site in the centre of Bungay and the possibility of the Clay's site could be many years away. Existing stores in the Town Centre were only for convenience and the proposed site, in reasonable proximity to the centre, but located where most housing was, would probably help with the centre's already crowded traffic scenario. There was also the job creation aspect to be considered.

Other Councillors were concerned with the policy aspect. The Chief Executive explained that the decision could not have been delegated for such a large application, and that with Rural Planning Sub-Committee recommending approval, the decision was had to be brought to Planning and Transportation Committee as a departure from the Local Plan. The Director reiterated the shopping consultants rejection and the likely trend in the new Government's policy. He was not satisfied that every alternative site had been examined.

RESOLVED

1. That application W12187/5 be referred to the Secretary of State for determination with this Authority's recommendation for approval, subject to the prior conclusion of a Section 106 Agreement to retain the existing Co-Op store in Bungay Town centre for a substantial period and, inter alia, to the following conditions:

(a) details of eastern boundary treatment, including timing of works, provision of pedestrian refuges to the satisfactory of the Highways Authority;
(b) provision of off-street lighting so far as justifiable for highway safety reasons; (c) use of clay roofing tiles;
(d) details of cycle parking and trolley storage, finished site levels; (e) comprehensive, high quality landscaping, and protection of existing trees during construction; and
(f) details of car park and other external lighting, including hours of operation.

(b) Land at Three Willows Nursery, St Johns Road, Bungay

The report of the Director of Planning and Building Control considered the merits of planning application W3798/7 for the construction of a retail foodstore, associated car parking, service area and access, which had been referred from the former Rural Planning Sub-Committee for determination with a recommendation for refusal. The report was withdrawn at the applicants request.

(c) Field House Nursery, Southwold Road, Holton

The report of the Chief Executive considered an application for variation of condition 4 of W1535/2 which had been delegated by the Development Control Committee at minute V26- 615 for the Director of Planning and Building Control to approve, subject to a satisfactory legal agreement linking the house with the Nursery.

The Chief Executive felt that with the occupants of the house having their main income from other non-agricultural work, agreement would in effect be a removal of the agricultural tenancy condition without complying with accepted policy and procedures, opening up a fundamental breach borne out by case law.

Some members of the Development Control Committee felt that with the occupants having commissioned an ADAS report they were looking to build up the commercial side of the nursery and felt they had acted in good faith and were looking to meet the intention of the restriction.

RESOLVED

2. That the previous approval given by Development Control Committee in respect of application W1535/18 be rescinded, and the application be refused.


Volume 26 Minute 724

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