Agenda item

Demolition of existing structures and erection of a foodstore (class E) with associated access, parking, servicing areas and landscaping on the site of the former Spotted Cow Pub, New Hey Road, Oakes, Huddersfield.

Contact: Richard A Gilbert, Planning Services

Ward(s) affected: Lindley

Approval delegated to the Head of Planning and Development.

The Committee considered Application 2021/94029 relating to the demolition of existing structures and erection of a foodstore (Class E) with associated access, parking, servicing areas and landscaping on the site of the former Spotted Cow Pub, New Hey Road, Oakes, Huddersfield.

Under the provisions of Council Procedure Rule 37, the Committee received representations from Inder Bhullar, John Barber, Malcolm Sizer and Mark Stringer (in objection), Robert Sleigh (in support) and Thomas Hanrey (on behalf of the applicant).

Resolved –

1)  That approval of the application and issue of the decision notice be delegated to the Head of Planning and Development in order to:

a)    complete the list of conditions, including those contained within the report,as set out below:

1.    3 year Time Limit for Permission Implementation (TCPA S91)

2.    Development to be carried out in accordance with approved plan and document schedule.

3.    Construction Environmental Management Plan (Pre-commencement)

4.    Implement agreed Dust Mitigation Scheme

5.    Gross and net floorspace, convenience and comparison goods sales restrictions.

6.    No internal or external sub-division of premises for separate use or retail entity.

7.    Electric Vehicle Charging Points

8.    Implement Agreed Noise Mitigation Measures

9.    Acoustic Barrier Details

10. Noise Specification from Fixed Plant and Equipment

11. Customers Time Restrictions

12. Delivery Time Restrictions

13. Reporting Unexpected Contamination

14. External Lighting Design Strategy for Biodiversity and Residential Amenity

15. Submission of details relating to the kitchen extraction system for the bakery

16. Submission of detailed Travel Plan

17. Areas to be Surfaced and Drained

18. Junction Access Sightlines

19. Closure of Existing Access

20. Submission of Details for a Right Turn Lane on New Hey Road (Precommencement)

21. Retaining Walls (Pre-commencement)

22. Implementation of agreed drainage design

23. Drainage Attenuation and Flow Control Detail Submission (Pre-commencement)

24. Sample of external facing materials and sample panel of masonry, inclusive of retaining wall facing materials

25. Submission of detailed boundary wall specifications

26. Ecological Design Strategy for Implementing Biodiversity Off-Setting

27. Working restrictions in respect of nesting birds

28. Removal of invasive non-native species (Pre-commencement)

b)    secure a Section 106 agreement to cover the following matters:

(i)    Biodiversity – A financial contribution of £44,620 towards off-site measures to achieve biodiversity net gain in accordance with the Biodiversity Technical Advice Note;

(ii)   Sustainable Travel Improvements – A financial contribution of £26,000 for the provision of 2 no. bus stop shelters on New Hey Road (stops 22485 & 22498) as well as a further £10,000 towards Travel Plan Monitoring;

(iii) Management – The establishment of a management company for the management and maintenance of infrastructure (including surface water and foul drainage infrastructure) until formally adopted by the statutory undertaker).

2)  In the circumstances where the Section 106 agreement has not been completed within three months of the date of the Committee’s resolution then the Head of Planning and Development shall consider whether permission should be refused on the grounds that the proposals are unacceptable in the absence of the mitigation and benefits that would have been secured and, if so, the Head of Planning and Development be authorised to determine the application and impose appropriate reasons for refusal under delegated powers.

A recorded vote was taken, in accordance with Council Procedure Rule 42(5), as follows:

For: Councillors Armer, Hall, Hawkins, and Pattison (4 votes)

Against: Councillors Pinnock and Thompson (2 votes).