Issue - meetings

Ward

Ashford Town

Proposal

Sub-division of existing retail warehouse, and change of use to create two Class E ‘commercial’ units, with reconfiguration of the site car park, elevational changes, installation of plant equipment and other ancillary works.

Recommendation

Approve the application subject to conditions as set out at Paragraph 8 of the Report.

Description:

Sub-division of existing retail warehouse, and change of use to create two Class E ‘commercial’ units, with reconfiguration of the site car park, elevational changes, installation of plant equipment and other ancillary works.

Additional Information:

Three further letters of representation including one letter of support and two objecting raising concerns regarding

·         traffic generation

·         impact on existing town centre and

·         design / appearance.

In addition, a letter was received from planning consultants acting on behalf of Tesco’s. Three specific points were raised:

1.    Failure to satisfy the requirements of the sequential test.

2.    Lack of necessary conditions restricting the proposed units to uses within the wider Use Class E

3.    The need to utilize scarce urban land for housing

A response was subsequently received from the agents acting on behalf of Lidl to address the three issues raised.

1.  The application was submitted with a sequential test and a retail impact assessment. The Officers report refers to the sequential test and both this test and the retail assessment were taken into account in reaching the recommendation. Officers are satisfied that the conclusions reached are reasonable and that due-process has been followed. The site is located in Ashford and is some distance from Staines and it is not considered that these are comparable areas for the purposes of considering this application.

2.  Class E was introduced on the 1^st September 2020 and replaced a number of previous use classes. Class E a) relates to this proposal which is for the ‘Display or retail sales of goods other than hot food’, although there are other sub-groups within Class E

The revisions to the Use Classes Order were introduced by the Government to streamline the Use Classes. The Government’s guidance on the use of planning conditions states that conditions restricting the future use of permitted development rights or changes of use may not pass the test of reasonableness or necessity.

Class A1 and D1 were revised to Class E, notwithstanding schools, libraries, places of worship etc. which became F.1, and it is not considered that there is an overriding reason to restrict the revised Use Class on this site.

3. The site was identified within the Preferred Options Consultations, Preferred Site Allocations Officers Site Assessment. However, Members will be aware that the Local Plan is at an early stage and the Regulation 19 is due for consultation early 2022.

As such, this document carries negligible weight in the consideration of this application.

In respect of the report, as a major application, flooding and drainage is a consideration and a Flood Risk Assessment was submitted with the application. As the site falls outside of a designated flood risk area, no flooding or drainage concerns are considered to arise. 

The proposed footpath on the eastern side of Stanwell Road would result in the loss of a small length of open land designated as Protected Open Urban Space. Policy EN4 applies. Due to the small scale of the pavement being only 1.2m wide, no significant  ...  view the full minutes text for item 522