Agenda item

[Councillor Paul Spooner had to leave the meeting owing to a previous appointment and was not present for the consideration of this application or vote].

The Committee considered the above-mentioned full application for variation of condition no 37 (opening hours) of application 02/P/01632, approved on 29/11/2002 to amend the approved opening hours.

The Committee was informed by the planning officer that the foodstore was located in the urban area of Guildford.  The proposal sought to vary the approved hours from 7am to 10pm Mondays to Saturdays and 10am to 6pm on Sundays and 6am to 11pm seven days a week.  The proposal also incorporated a variation to the hours of opening of the adjacent children’s nursery and Nuffield Health Centre which had been previously approved under a separate Section 73 application.  Therefore, the only change to be assessed under this proposal was the change in the opening hours for the foodstore. 

The site consisted of a purpose-built retail building located within Elizabeth Park residential estate and was formerly occupied by a Budgens foodstore.  Tesco’s Express had recently taken over the premises.  A parking area was located to the front and side of the store, a community centre was located to the north with a public square and open space to the side.  Office units were located along Little Street.  Nuffield Health Centre was located to the south of the site with the nearest residential properties being approx. 45 metres away.  The Council’s Environmental Health Officer had assessed the proposal and was not in objection to the proposed change to the opening hours of the store, subject to a condition to ensure that the hours of delivery were restricted to 7am to 10pm.  The applicant had agreed to the condition being imposed and should be noted that a condition did not currently exist to restrict the hours for delivery. 

In the planning officer’s view, it was considered, that subject to the recommended condition restricting the hours of delivery, the proposed change of use to the opening hours would not have an unacceptable effect upon neighbouring amenities.  The relevant conditions from the original 2002 permission would also need to be re-applied.

The Committee discussed the application and agreed that the extended hours proposed of 6am – 11pm, seven days a week, was unacceptable owing to the adverse impact it would have upon neighbouring amenities.  The noise generated at anti-social hours by members of the public and staff coming and going from the store would affect the peace and quiet of the surrounding residential area.

A motion was moved and seconded to approve the application which was lost.

A subsequent motion was moved and seconded to refuse the application which was carried.

In conclusion, having taken account of the representations received in relation to this application, the Committee

RESOLVED to refuse application 20/P/01756 for the following reasons:

1. The proposed extended hours of opening, due to the noise and disturbance from

comings and goings associated with the food store at unsociable hours including

on Sundays /Bank Holidays, within a quiet residential area, would have a

detrimental impact on the amenities enjoyed by neighbouring residents. The

application therefore fails to comply with Policy G1(3) of the Guildford Borough

Local Plan 2003 (as saved by CLG Direction on 24/09/07) and Para 127 of the

National Planning Policy Framework.

2. A deed of variation to link the following obligations secured through application

02/P/01632 would have been sought from the applicant had the application been

supported:

?? Construction of a Community Facility on the village green of 390

metres square. This facility is to be rented at a peppercorn rent;

?? Maintenance of the external fabric of the Community Facility by the

developer in perpetuity;

?? The use of the ‘mixed-use’ building as a Doctors’ Surgery within 3

years of the start of the construction of this phase. After which, if

unsuccessful, the building will revert to one of the alternative approved

uses.

?? Contribution of £100,000 towards the design, implementation and

future maintenance of a bus priority feature within the site, if required

within the five years following occupation of any part of the site.

?? The provision, agreement and operation of a Travel Plan for

employees of the development including a contribution of £2000

towards the supervision of the monitoring of the plan.

Without a completed deed of variation securing these contributions an objection is

raised in accordance with policy ID1 of the 2019 Local Plan and the National

Planning Policy Framework and the Planning Contributions SPD (March 2011).