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Planning Applications Committee Report
ERECTION OF SHOP (CLASS 1) AND FORMATION OF ASSOCIATED CAR PARKING (AMENDED PROPOSAL TO THAT PROPOSED UNDER 11/P/3/0324)
AT SITE ON THE CORNER OF LOCKERBIE ROAD AND THE LAURELS, DUMFRIES
Application Type: Full Planning Permission
Applicant: Alison Moore / Ref. No.: 11/P/3/0459Recommendation - Approve subject to conditions
Ward - Lochar
Hierarchy Type (if applicable) - Local
Case Officer - Mhairi Duff
1 BACKGROUND
1.1 Under the Scheme of Delegation, this application requires to be considered by the Planning Applications Committee as more than 6 separate and individual objections on material planning grounds were timeously received and also as there is an objection from a statutory consultee (Loreburn Community Council) and officers are recommending approval.
1.2 The application site is located to a vacant area of land to the corner of Lockerbie Road and The Laurels, Dumfries. The land is currently grassed with some shrub planting within it. A low stone wall bounds the site to Lockerbie Road and is open to most of boundary with The Laurels. An approximately 1.5 metre high wall bounds the site to the east, beyond which is a commercial garage and the gardens of 41, 43 and 45 Balmoral Road. An electricity substation is also located to the north-east corner of the application site between it and the garage.
1.3 To the south of the application site is 1 The Laurels which has a low boundary fence separating the property curtilage with the application site. To the west, the site adjoins The Laurels public road which serves a modern housing development within a cul-de-sac arrangement. To the opposite side of the road, 38 Lockerbie Road fronts onto The Laurels at a higher level and set back from the public road and 2 The Laurels is to the south side of this property. To the north of the site is Lockerbie Road which is one of the main thoroughfares leading into Dumfries. This street is characterised by the presence of substantial traditional sandstone fronted properties some with direct frontages to Lockerbie Road and some set further back with gardens to the front. Many do not have off-street parking and therefore much of Lockerbie Road has cars parked on it. Opposite the application site, there is a terrace of 2½ storey dwellings and flatted properties.
1.4 The surrounding land use is mainly residential, but with some commercial premises interspersed along Lockerbie Road (e.g. the adjacent garage, a shop to the opposite side of the street and further to the east, a funeral director premises and butcher shop).
1.5 The proposal is for the erection of a shop which falls into Class 1 of the Town & Country Planning (Use Classes) (Scotland) Order 1997. The proposed shop would have a gross floor area of 99 square metres on a single level. Its main frontage would be to Lockerbie Road with a gable with one window facing to The Laurels. To the rear (south) of the proposed building, a car parking area is proposed which shows a total of 7 spaces. Access to this would be from The Laurels. The proposed floor plan shows a relatively small retail floor area (front shop), back shop, two consultation rooms, toilet, store and staff room. The proposed building would have a roughly L shaped footprint with the main ridge line running parallel to Lockerbie Road. Three high level windows and a staff/deliveries access door would be located to the rear (south) elevation of the building. Proposed finishes are white render walls with sandstone quoin details, uPVC windows and a slated roof.
1.6 The application was submitted with a supporting statement which states the proposed shop would be occupied by a pharmacy. It also states that a consultation room "could be used by other health professionals, for example, physiotherapists or chiropodists". It should be noted that this is not part of the current planning application (i.e. it is not within the planning application description). The inclusion of such a service would be a Class 2 use (professional and other services) and would require a separate application for planning permission. The applicant is aware of this.
Planning History
1.7 The relevant planning history can be summarised as follows:
1.8 02/P/3/0559
Planning permission for demolition of existing knitwear factory, erection of 36 dwellinghouses and garages with associated access and new turning head at north end of Bellevue Street.
1.9 35 of the 36 dwellinghouses approved have been implemented and the development is known as The Laurels. The approved plans show the erection of a dwellinghouse to part of the site now applied for (plot 1), However, Condition 1 of the planning permission (02/P/3/0559) removes permission for the layout, design and use of materials for this dwellinghouse, effectively granting planning permission in principle only. The reason for this, as stated in the decision notice was "to ensure that the house type on plot 1 reflects and compliments the predominant and traditional building style along this section of Lockerbie Road.” Further explanation is also is contained within the committee report from 18 December 2002 which states that the dwellinghouse proposed at plot 1 would be "quite out of context with the predominant traditional building style on Lockerbie Road. It is therefore proposed that the design and appearance of this unit is reserved for subsequent approval, by condition".
1.10 11/P/3/0324
Planning application for the erection of a retail unit.
1.11 A previous application for the same character of development as now applied for was submitted on 21 July 2011. This was withdrawn at the applicant's request.
1.12 The current application differs from the previous proposal in that it now shows a larger site area to include one additional parking space, a larger turning area and a different configuration of the building.
2 CONSULTATIONS
2.1 Council Roads Officer – Objection.
The proposed shop frontage to Lockerbie Road would encourage parking along Lockerbie Road which is restricted by double yellow lines.
Satisfactory parking provision in accordance with current standards for Class 1 use is shown.
2.2 Council Contaminated Land Officer - no objections subject to suspensive condition.
The site is recorded as remediated on the contaminated land register. Contaminated soil was removed and the site was covered with at least one metre depth of clean soil, which is considered to be a sufficient barrier to protect human health.
There may be some contamination remaining at depths of greater than one metre. The developers should submit a statement indicating how they intend to address and plan for this possibility, including health, safety and welfare provisions, and how they intend to finish the site to ensure that a sufficient barrier is maintained. This statement should be agreed in writing by the planning authority in conjunction with the contaminated land team, before development commences.
2.3 Loreburn Community Council – Objection.
The Laurels is accessed by a T junction with Lockerbie Road, which is often reduced to single file traffic due to parked cars during peak times. The presence of a retail unit on the corner of these two roads would cause increased traffic congestion on Lockerbie Road.
The Council’s planning policy should encourage the use of existing empty retail units before granting permission to build new ones. At the junction of Balmoral Road and Annan Road, there are several retail units that currently lie empty and are up for sale. These units have on-street parking allocated for customers. While these units lie empty, there is simply no need to build a retail unit in the Laurels.
3 REPRESENTATIONS
3.1 A total of 86 letters of objection were received against this application. A full list of parties is set out in Appendix 1. The material planning objections can be summarised as follows:
a. Principle of the Proposed Retail Use and Impact on the Town Centre
The development would adversely affect the function of the town centre contrary to Dumfries contrary to Structure Plan Strategy Statement 1.
Dumfries & Galloway Supplementary Planning Guidance 6, Retail Provision states that the primary aim of D&G Council is to support the town centre and help re-occupy vacant units. There are vacant units within the area that would benefit the appearance of the town within reasonable distance. Filling some of the existing units would help attract others to the area and help to regenerate Annan Road. The town centre also has a number of empty shops which should be filled rather than building a new shop.
Structure Plan Policy D14 establishes that ‘retail development proposals will normally be directed towards town centres’,
Structure Plan Policy D21 also establishes a presumption in favour of retail uses being accommodated in existing retail / commercial locations, and this points to a clear Council preference for the re-use of existing retail/commercial units. In this respect, and notwithstanding the potential availability of retail units in Dumfries Town Centre, there are vacant retail / commercial units at the nearby Annan Road / Balmoral Road junction. Re-use of existing local buildings in established retail / commercial locations is more appropriate and sustainable than the application proposal to construct an entirely new building on an area of open space. There is permission for retail development at Summerpark (Story Homes Marchfield site). This location would be more appropriate to serve the wider area. The statement "unable to use already empty retail units located on the Annan Road because this would be too far to walk to"...... Too far to walk from where?
Structure Plan Policy D16 is to develop Dumfries as the major centre for shopping provision. This application undermines that policy.
Structure Plan Policy D20 of the Structure Plan does offer support for small shops to serve neighbourhoods in the larger towns, but only where they do not cause undue traffic problems or have an adverse effect on the amenity of the surrounding area.
The Lockerbie Road / The Laurels intersection sits well outside the designated 'core area' for retail as detailed in the Local Plan.
Whilst the application seeks permission for a Class 1 shop, the supporting information indicates that the applicant’s intention would be to use the shop as a pharmacy, and by implication the applicant appears to be attaching weight to this. A pharmacy use falls within Class 1 (Shops) of the 1997 Use Classes Order (UCO), and it is therefore appropriate that the Council considers the application as a shop, as defined by the UCO, rather than specifically as a pharmacy, as the grant of permission would allow use of the resulting building for any purpose within Class 1 (Shops). Class 1 permits a relatively wide range of uses typically found in town centres or other formally established retail locations, and Councils are strongly encouraged not to restrict the ability to move between these uses without the need for planning permission. In effect, the application proposes the erection of a unit that could be used for some of the following purposes – retail sale of goods, post office, sandwich shop, hairdressers, hire shop, launderette, dry cleaners. It is considered that all of these uses are more appropriately located in existing retail / commercial locations, and that placing them on the site at Lockerbie Road / The Laurels will not only be at odds with established retail planning policy, but also have significant adverse impacts on traffic safety and residential amenity.
b. Loss of Open Space
General Policy 18 establishes requirements for open space provision in new residential developments, and by implication this policy affords support for the retention of established areas of amenity open space and consequent presumption against their loss. General Policy 79 more directly presumes against development that would result in the loss of open space.
c. Impact on Road Safety
At the point immediately in front of the proposed shop door, Lockerbie Road is marked with double yellow lines, indicating that the current characteristics of the area are such that traffic safety would be adversely impacted upon if on street parking was to occur here. It would seem almost inevitable that some customers will choose to park across these double yellow lines, and should this occur it will severely impinge on traffic safety, particularly right turn visibility and movements from The Laurels onto Lockerbie Road. It is also likely that a shop in this location would lead to customers looking to park on the far side of Lockerbie Road, thereby introducing an increase of vehicle and pedestrian movements across Lockerbie Road, and thus serving to potentially ‘cause undue traffic problems’. The proposal seeks to develop staff and customer car parking to the rear of the proposed shop, with a new proposed access directly onto The Laurels.
The Laurels is a residential cul-de-sac and it accommodates a children’s play area and benefits form a 20 mph restriction. The Laurels is clearly a quiet residential area, with traffic movement and activity reflecting that. The application proposes to introduce commercial traffic movements, which will not only conflict with the residential nature of the existing traffic here, but also lead to significant increases in traffic volume, with consequent impacts on access for residents onto Lockerbie Road, and create a level of noise, disturbance and fumes not commensurate with the existing prevailing character of this residential cul-de-sac. The level of amenity afforded to the nearest residential properties to the east, south and west of the site will be particularly adversely impacted, and in this respect, the proposal fails to satisfy the second key test of Structure Plan Policy D20.