Agenda item

Site of The Kingfisher, Public Car Park and part of The Festival Walks Parade, Oxford Road, Spennymoor, DL16 6AF

The Committee considered a report of the Senior Planning Officer regarding an application for an Aldi foodstore with associated access, car parking and landscaping at the site of The Kingfisher, public car park and part of The Festival Walks Parade, Oxford Road, Spennymoor (for copy see file of Minutes).

Before presenting details of the application, B Gavillet, Senior Planning Officer provided the Committee with the following updates:

·        Condition 17 on page 67 should read restricted to shoppers and should not include the term ‘general public’

·        An additional representation had been received from a local businessman who had concerns about the vitality and viability of Spennymoor at the loss of long stay parking spaces in the town centre.

The Senior Planning Officer provided a detailed presentation of the application which included a site location plan, aerial photograph of the site, photographs of the existing Kingfisher pub, views across the existing car park, the areas of Festival Walks to be demolished and indicative proposed layout plan.

Councillor L Maddison, local Member, addressed the Committee.  The development and regeneration of Festival Walk had been a main focus of attention for many years.  Festival Walk was a 1960’s development in the heart of Spennymoor that had suffered from the loss of businesses over a number of years and had many empty shops and declining infrastructure in the centre.  Spennymoor was a growing town with a large increase in housing developments and had a vibrant shopping area at the top and bottom of the High Street.  Regeneration of this central spine would be a catalyst for change and was welcomed.  Councillor Maddison supported the proposals put forward and also welcomed Aldi’s commitment to Spennymoor with their decision to relocate their supermarket from an existing Spennymoor town centre location to a new larger development, also within the town centre area.  However, to mitigate against issues raised by local residents in close proximity to the scheme and to perceived issues highlighted by small business owners concerned at the loss of an open access 86 space long-stay car park and loss of footfall onto the High Street Councillor Maddison asked the Committee and Aldi to consider two changes to planning conditions, each to be considered separately on their own merits as follows:

·        To consider a change to HGV delivery times currently proposed for delivery 6 a.m. to 11 p.m. to new times of 7 a.m. to 11 p.m. Monday to Saturday, a reduction of one hour each day to give local residents 8 hours of quiet time.  Sunday delivery times would be unchanged at 9 a.m. to 7 p.m.

·        To consider a planning amendment for a two hour window for public parking in the proposed new 95 space car park rather than the 90 minutes proposed.  It was accepted that concessions had already been agreed by Aldi to provide public access to this car park, but an increase to two hours would bring parking availability into line with other supermarket car parks in close proximity to this site where there was already a free 2 hour public car parking window for shoppers.

NPPF Part 7 and Policy S2 of the Sedgefield Borough Local Plan and paragraphs 16 and 73 of the report promoted the need for vibrant town centres, with footfall on the high street being encouraged to assist future viability and the economic prosperity of businesses.  Loss of the current open access car park and restricted parking times as outlined in paragraph 73 may have a negative effect on customer experience and the future success and sustainability of small businesses reliant on footfall on the high street.  The proposed new council controlled car park was mentioned in the report and Councillor Maddison requested that the County Council consider how the loss of this long stay car park could be mitigated by offering longer stay parking times in this new car park, as well as signposting all available long stay car parking.

If the Committee approved the application Councillor Maddison also sought assurance that alternative parking provision was identified and signposted in the town before demolition works commenced.

Councillor Robinson informed Councillor Maddison that the Committee could only consider the application before it and could not consider any future planning applications which may be determined.

Councillor Thompson informed the Committee he had little to add to that presented by Councillor Maddison.  Councillor Thompson thanked officers for the help they had provided over the last two to three years.

Councillor Geldard informed the Council that this was the largest planning application for Spennymoor Town Centre for a number of years.  The face of town centres had changed towards out of town developments and online shopping.  The proposal and other planning applications would see significant private investment into what was currently a dilapidated eyesore which had blighted the centre of Spennymoor for nearly two decades.

Councillor Geldard informed the Committee of the issues raised with him as a local Member.  The initial concern of traffic onto Oxford Road had been addressed by the inclusion of a mini roundabout, but there were still issues about a pedestrian crossing on that road which the Council may need to consider.  Councillor Geldard also welcomed the recommended conditions and assurances made which sought to address local residents concerns around impact to their property during the work and to noisy deliveries, but supported the request made by Councillor Maddison that consideration be given to amended delivery times.

The area of most concern to local people and business owners appeared to be issues around changes to parking restrictions in the area of the development.  Free unrestricted parking on this site had been enjoyed for many years, and while it was accepted that this was private land and could be withdrawn at any moment, it was important to recognise that given its history there was no way that existing local businesses would be adversely affected in some way by the restriction of the majority of these parking bays.

While welcoming the new development for Spennymoor town centre it must be ensured that local residents were protected and existing local businesses were supported to develop and thrive and Councillor Geldard hoped that in considering the application Members of the Committee did everything in their power to ensure this was the case.

Ms F Shand, local resident, addressed the Committee.  Local residents sought clarity on where Aldi staff would park during their shifts.  Local residents would like the restriction on the car park increased to two hours which was in line with other local retailers.

With reference to deliveries, Ms Shand informed the Committee that a 24 hour refrigeration unit and loading bay was proposed which would be opposite her bedroom window.  The noise calculations showed that in isolation both of these fell under the legal limit, however the noise would be occurring concurrently and Ms Shand requested that deliveries only take place between 7 a.m. to 11 p.m. Monday to Saturday.

Finally, Ms Shand informed the Committee that while she generally supported the application the issues of parking and delivery times needed to be addressed.

M Jackson, local businessman, addressed the Committee.  While he was supportive of the redevelopment of Spennymoor this application would lead to a change in traffic and car parking spaces in the town centre.  Mr Jackson expressed concern that local businesses may not remain viable during the construction period of this development.  There was a need for the developer to work together with local businesses to identify solutions to problems which may arise during the construction period.

The Senior Planning Officer informed the Committee that the noise impact assessment which had been carried out for the development showed that delivery times would be acceptable 24 hours a day and it was Aldi who had agreed reduced delivery hours.  Any further reduction would be a decision for Aldi to agree to.

J McGargill, Highway Development Manager informed the Committee that the car park was currently uncontrolled and offered 112 spaces.  This development would result in the provision of 142 parking spaces, 95 of which would be restricted to a 90-minute limit.  However, the current car park was privately owned and could be closed at any time by the land owner.  Additionally, there was uncontrolled parking available elsewhere in the town centre.

S Plumb, Regional Property Director for Aldi addressed the Committee.  Aldi had a premises in Cambridge Street in Spennymoor since 1988 which was now proving to be too small for the company.  Aldi was therefore an experienced trader in Spennymoor.

Research undertaken by Aldi on average shopping times showed that the average shop in Aldi was 30 minutes and therefore the proposed 90-minute restriction on parking would allow for shopping in Aldi and also other trips into Spennymoor town centre.  There were 900 parking spaces in Spennymoor, half of which were unrestricted, and highways officers had raised no objection to the proposed 90-minute restriction.  Currently, 50% of employees walked to work and those who used a vehicle would be exempt from the time restriction.

Feedback from local residents had been incorporated into the development plans, including delivery times and acoustic measures.  However, fresh deliveries were made daily and the delivery times of 6 a.m. to 11.p.m. were required to ensure fresh deliveries were available on the shop floor come store opening times.

Mr Plumb asked the Committee to approve the application.

Councillor Wilkes informed the Committee that he was in favour of the redevelopment of the area but expressed concern about what may happen to the current Aldi site.  Additionally, he considered that the time restriction for parking should be 2 hours which would be in line with other car parks in the area.  Councillor Wilkes questioned why a supermarket which was in a residential area should have deliveries from 6 a.m. and considered that a 7 a.m. restriction would be more that suitable.  Councillor Wilkes asked where the alternative car parking would be during the construction phase of the development.

The Senior Planning Officer replied that as part of the overall regeneration scheme a demolition management plan would be produced which would show how the demolition would be phased and which car parks would remain open.  The exiting car park which was behind Festival Walk would remain open and temporary signage would be put in place to redirect traffic to temporary car parks.

Councillor Shield agreed with Councillor Wilkes that during the construction period there must be provision of car parking.  Councillor Shield expressed a hope that the developers would engage with businesses on the High Street to keep disruption to a minimum.

Councillor L Brown informed the Committee that Festival Walk was in desperate need of redevelopment and asked whether the demolition management plan would be included in the Conditions attached to the planning permission.  H Jones, Principal Planning Officer replied that the construction management plan at Condition 10 referenced demolition and a separate application for demolition had previously been submitted and approved had a condition to a similar end.

Councillor A Shield left the meeting.

S Plumb informed the Committee that the proposed Condition enabled the applicant to liaise with demolition and construction experts both on safety matters and business requirements.  The redevelopment of the site would be a complex operation and elements of the car park would remain open if this was possible.  The Principal Planning Officer informed the Committee that Condition 10 could be amended to include a reference to phasing of the works.

Councillor Jewell informed the Committee that he was in favour of the development and that any development would involve some element of disruption.  The Committee had been given an assurance that any disruption would be kept to a minimum.

Councillor Bell informed the Committee that the applicant had given a clear reason why deliveries from 6 a.m. were a necessity, adding that currently traffic could journey along the highway at midnight without restriction.

Councillor Clare informed the Committee that the applicant had stated that if delivery times were amended to 7 a.m. then this would break their business case for the shop.  The Committee had been informed that Aldi could actually run deliveries 24 hours a day if it wanted.  Councillor Clare could therefore not support amended delivery times to 7 a.m.as there were no grounds for this condition change.

Councillor Clare considered that because this was to be Aldi’s car park the Committee had no right to instruct Aldi on how to operate parking restrictions.

N Carter, Planning and Development Solicitor advised the Committee that with reference to Condition 7 – delivery times and Condition 17 – car park restrictions, there was no evidence base to enable these Conditions to be amended.

Councillor Quinn informed the Committee that she considered Aldi should be congratulated for proposing this development in the town centre when it could have been located on the extremes of the town.

Moved by Councillor Atkinson, Seconded by Councillor L Marshall and

Resolved:

That the application be approved subject to the Conditions contained in the report.