Agenda item

The Moorland Centre, 3 Moorland Way, Lincoln

Minutes:

The Planning Team Leader:

described the details of the application for the demolition of the existing Moorland Centre to provide a foodstore, two retail units, and a drive-thru restaurant (all Use Class E), together with alterations to the existing car park, creation of a new car park and associated external works, including landscaping

advised that this application was almost identical to the previous application approved by Members of Planning Committee on 27 January 2021 (2020/0662/FUL)

confirmed that the application had been resubmitted as the Council had received a legal challenge against the previous application, by way of a Judicial Review, brought by Asda Stores Limited (Asda), which held in abeyance the previously approved application

reported that whilst respectful of the Judicial Review and not wanting to pre-empt the outcome, the applicant had chosen to resubmit this application for re-consideration by the Local Planning Authority to address some of the concerns raised by this challenge, namely that an Environmental Impact Assessment (EIA) screening opinion had not been undertaken and that the previous committee report did not refer to the Swanholme Lakes Site of Special Scientific Interest (SSSI), as detailed later in this report

advised that the submitted plans were almost identical to the previous application save some minor changes outlined in the report, namely revised block and site plans received during the process of the application to illustrate the proposed barriers to the car park

added that all of the supporting technical documents were as per the previous submission with the exception of the Planning and Retail Statement and Transport Assessment which included updated data, and the addition of an Archaeological Desk Based Assessment//Biodiversity Net Gain Assessment, however, the conclusions of both reports remained the same

described the existing Moorland Centre building as vacant, formerly occupied by Downtown, which sat at the north corner of the application site with the existing car park to the south; the proposed foodstore, Aldi would sit towards the north corner of the site , together with the two adjoining retail units, however with a significantly smaller footprint than the existing building

stated that a new car park would be created to the front, south east of the building and an additional access point from Moorland Way to the north east, with the proposed drive-thru restaurant located beyond the car park, adjacent to the existing access

advised that the site was located to the north west of Tritton Road, accessed via Moorland Way; the ‘entry only’ access off Moorland Way to the north east of the site also served the Elite Fish and Chip Shop restaurant to the south east of the application site as well as the M &S Foodhall and Co-operative Travel to the west, with the exit from the main car park, which also could be used as an access was located to the north west of the site, which returned customers onto Moorland Way

advised that this was an acceptable proposal, very similar to the previous application, however, it must be considered on its own merits

· Policy LP1: A Presumption in Favour of Sustainable Development

· Policy LP2: The Spatial Strategy and Settlement Hierarchy

· Policy LP6: Retail and Town Centres in Central Lincolnshire

· Policy LP13: Accessibility and Transport

· Policy LP14: Managing Water Resources and Flood Risk

· Policy LP16: Development on Land Affected by Contamination

· Policy LP21: Biodiversity and Geodiversity

· Policy LP25: The Historic Environment

· Policy LP26 Design and Amenity

· National Planning Policy Framework

advised the Committee of the main issues to be considered as part of the application to assess the proposal with regards to:

· Policy Context, Principle and Sequential Test

· Visual Amenity

· Trees and Landscaping

· Impact on Residential Amenity and Neighbouring Uses

· Access, Parking and Highways

· Flood Risk and Drainage

· Contaminated Land

· Archaeology

· Swanholme Lakes SSSI

· EIA Screening Opinion

· Biodiversity Net Gain and Green Infrastructure

· Other Matters

highlighted that screening for an Environmental Impact Assessment had concluded that as the proposed scheme was not an EIA development an Environmental Statement was not required, also that consultation with Natural England in respect of Swanholme Lakes Site of Special Scientific Interest (SSSI) had resulted in no objections being raised

referred to the update sheet which contained an additional representation from an objector in respect of the proposed development

The principle of the uses on this unallocated site was considered to be acceptable and the application had demonstrated that it had met the policy requirements of the sequential and retail impact tests.
The layout, scale and design of the development was acceptable, complementing the architectural style of the local surroundings.
With appropriate conditions it was not considered that the amenities of neighbouring residential properties or neighbouring uses would be unduly harmed by the proposal, either during its construction or as a result of its operation.
Matters relating to highways, surface water drainage, foul water drainage, contamination, archaeology, trees, landscaping, biodiversity net gain and green infrastructure had been appropriately considered by officers and the relevant statutory consultees, and could be dealt with as required by condition.
The development would not have a significant adverse impact on the Swanholme Lakes SSSI, a designated site.
The proposal would therefore be in accordance with the requirements of Central Lincolnshire Local Plan Policies LP1, LP2, LP6, LP13, LP14, LP16, LP21, LP25 AND LP26 as well as guidance within the National Planning Policy Framework.

RESOLVED that planning permission be approved subject to the following conditions:

Supporting documents: