Delivery hours change at Unit 5 Great Northern Retail Park, Omagh

What was proposed

The application sought to change the delivery-hours condition for Unit 5 attached to the earlier garden centre and related works permission.

“Proposal: Section 54 application to modify Condition 4 (delivery hours of Unit 5) of planning permission K/2002/1127/F (garden centre canopy, service yard canopy, mezzanine floor and conservatory)”

Officer report

The site

Unit 5 is the former Homebase store at a retail park west of the A5, with parking in front and a service yard behind.

“Site Details The application site is the former Homebase store (Unit 5) at Great Northern Retail Park, located to the west of the A5 (Great Northern Road). There is a large area of ancillary car park spaces in front of the units, with vehicular access off Tamlaght Road. The retail units have a service yard located to the rear, accessible by a service road that runs down behind the retail units.”

Officer report

Earlier permissions

Earlier permissions covered mixed-use retail development and later works at Unit 5, including a garden centre canopy, service yard canopy, mezzanine and conservatory.

“Application reference: K/2002/0267/RM Proposed Retail Development comprising mixed use Retail Warehousing, Food Retail Garden Centre and Associated Car Parking Granted November 2002”

“The erection of a garden centre canopy, service yard canopy, satellite dish, mezzanine floor and conservatory. (Unit 5). Granted July 2003”

Officer report

Why officers recommended approval

Officers considered that the revised delivery hours would not unacceptably affect neighbours, complied with amenity and infrastructure policies, and met relevant planning tests.

“As this is a Section 54 application the scope of the application is limited. Whilst the suggested wording of Condition 1 can be included in the event of an approval the second suggested condition does not meet the tests for planning conditions. The NIA demonstrates that the proposal will not have an unacceptable affect on the amenity of neighbours on its own merits. The Delivery Noise Mitigation Plan (DNMP) is proposed to limit the impact of deliveries typical measures:”

“Infrastructure Policies The Service Management Plan indicates that there will be a maximum of eight HGV deliveries and one LGV delivery each day. This would indicate that the proposed application will not have a high impact on the road. Delivery traffic generated by the proposed application will only be associated with Sainsburys between 7am and 11pm Monday to Saturday and 7am to 6pm Sundays.”

Officer report

Consultees’ views

Environmental, water, roads, rivers and environmental health consultees provided advice, with no objection from environmental health to the revised condition wording.

“Shared Environmental Services has provided advice that having considered the project, it is concluded that it can be eliminated from the need for Habitats Regulations Assessment because it could not have any conceivable effect on a European site. NIWater has advised that it has no objection to variation of condition no.2 & condition no.4 of planning approval K/2002/1127/F. DfI Rivers has provided advice.”

“The issues raised by consultees are considered within the report.”

Officer report

Who spoke

Two supporters addressed the committee; although several objectors had speaking rights, none addressed the committee on this application.

The committee’s decision

A member proposed approval, another member seconded it, and the committee unanimously approved permission subject to three conditions.

“At this juncture, a Member proposed the Officer’s recommendation to approve planning permission. This proposal was seconded by another Member.”

“RESOLVED: On the proposal of Councillor McCann, seconded by Councillor McClaughry, and unanimously agreed, that the above application be approved planning permission, subject to the three conditions listed within Paragraph 8.0 of Appendix 2. (”

Minutes

Conditions attached

The permission controlled specified retail goods, restricted deliveries to set hours, and required the development to begin within five years.

“(a) DIY materials, products and equipment; (b) Garden materials, plant and equipment; (c) Furniture and soft furnishings, carpets and floor coverings and electrical goods; (d) Such other items as may be determined in writing by the Council as generally falling within the category of 'bulky goods'.”

“The development hereby permitted must be begun within five years from the date of this permission.”

Officer report