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THE HIGHLAND COUNCIL<br />

AREA PLANNING COMMITTEE, ROSS & CROMARTY<br />

13 MARCH 2007<br />

06/01149/FULRC<br />

AGENDA<br />

ITEM 2.5<br />

_____________________<br />

REPORT<br />

No. RP 038/07<br />

REPORT BY J FARQUHAR, AREA PLANNING & BUILDING STANDARDS MANAGER<br />

SUMMARY:<br />

Committee is invited <strong>to</strong> consider the following report and recommendation.<br />

Recommend APPROVAL <strong>of</strong> development as submitted, subject <strong>to</strong> conditions.<br />

1.0 PROPOSALS<br />

1.1 DEVELOPMENT: <strong>Change</strong> <strong>of</strong> use <strong>of</strong> car parking spaces <strong>to</strong> hand car valeting operation<br />

including siting <strong>of</strong> cabin.<br />

1.2 LOCATION: Tesco S<strong>to</strong>res Ltd, Mart Road, Dingwall, IV15 9PP.<br />

1.3 APPLICANT: SPP (Southern) Ltd, 21-27 Hollands Road, Haverhill, Suffolk, CB9 8PU.<br />

1.4 SITE DESCRIPTION: The site extends <strong>to</strong> nine existing car parking spaces located on the<br />

Northern edge <strong>of</strong> Tesco’s car park, in the vicinity <strong>of</strong> the mother and <strong>to</strong>ddler parking spaces and<br />

the recycling centre. It is located on the periphery <strong>of</strong> the car park, at right angles <strong>to</strong> the East<br />

elevation <strong>of</strong> the building, backing on<strong>to</strong> the wall screening the service yard from the car park.<br />

__________________________________________________________________________________<br />

2.0 PUBLIC PARTICIPATION<br />

2.1 ADVERTISEMENT: None.<br />

2.2 REPRESENTATIONS:<br />

Mr K Ambrose, MacDonald's Hardware, 53 High Street, Dingwall;<br />

Mr F N Nicol, Frank Nicol Farm & Garden Machinery Ltd, Strathpeffer Road, Dingwall;<br />

Mr Peter Reynolds, 15 MacKay Square, Dingwall;<br />

Mr D M Edes, St Catherine's, Craig Road, Dingwall:<br />

Objections lodged on the following grounds:<br />

1. The Tesco development is over 30 car parking spaces short. Application will reduce<br />

parking availability by 9 spaces. <strong>Car</strong> park has been overflowing over nearby roads many<br />

times causing major disruption <strong>to</strong> traffic flow. This was exaggerated over the Christmas<br />

period. For the retail development <strong>to</strong> increase sales, s<strong>to</strong>re would have <strong>to</strong> have more car<br />

parking, not less.<br />

2. Tesco have instructed employees not <strong>to</strong> park on their own site and <strong>to</strong> use other car parks<br />

within the <strong>to</strong>wn. As the Cromarty car park is the nearest, it is worth noting that visi<strong>to</strong>rs <strong>to</strong><br />

the <strong>to</strong>wn are now commenting on how difficult it is <strong>to</strong> find spaces in the Cromarty car park<br />

site.


3. As this is the second time Tesco have expressed an interest in developing the car park for<br />

increased retail use, it should be put <strong>to</strong> them that future development should not be allowed<br />

until the shortfall <strong>of</strong> spaces is addressed.<br />

4. If fewer spaces are allowable, then consideration should be given <strong>to</strong> making the existing<br />

spaces larger <strong>to</strong> accommodate the larger vehicles found in the rural area we live in.<br />

5. As Dingwall grows there is likely <strong>to</strong> be more demand for car parking spaces at Tesco.<br />

(Full text <strong>of</strong> letter(s) available on request from Area Planning & Building Standards Manager)<br />

__________________________________________________________________________________<br />

3.0 APPLICANT’S SUBMISSION: (Verbal)<br />

1. The proposed cabin will take up one parking space and four spaces <strong>to</strong> either side will be<br />

used <strong>to</strong> provide a hand car wash and valeting service. If the spaces are not taken up by<br />

cus<strong>to</strong>mers then they are free <strong>to</strong> be used by shoppers. Tesco do not allow us display any<br />

signage excluding general use <strong>of</strong> the spaces by shoppers.<br />

2. Our normal practice is <strong>to</strong> <strong>of</strong>fer a service <strong>to</strong> Tesco’s cus<strong>to</strong>mers.<br />

3. Our hours <strong>of</strong> operation will be 8.00 am - 6.00 pm Monday-Saturday and 10.00 am – 4.00<br />

pm on Sundays.<br />

(Full text <strong>of</strong> letter(s) available on request from Area Planning & Building Standards Manager)<br />

__________________________________________________________________________________<br />

4.0 CONSULTATIONS:<br />

Scottish Environment Protection Agency:<br />

The surface water drainage proposal outlined is acceptable in terms <strong>of</strong> water quality. We have<br />

not considered the water quantity aspect <strong>of</strong> the scheme.<br />

TEC Services (Contaminated Land): No comment.<br />

TEC Services (Environmental Health):<br />

Noise assessment accompanying the application indicates noise levels <strong>of</strong> around 38 db arising<br />

from the development and measured at the nearest house. We have no reason <strong>to</strong> doubt the<br />

accuracy <strong>of</strong> the predictions. We suggest a planning condition restricting the hours <strong>of</strong> operation <strong>to</strong><br />

that suggested by the report (Page 36, Paragraph 4.1).<br />

TEC Services (Transport):<br />

We have no objection <strong>to</strong> the granting <strong>of</strong> a temporary consent and would ask that a condition be<br />

attached which requires a review <strong>of</strong> Tesco’s current travel plan with a renewed push <strong>to</strong><br />

promote and review targets for transport mode shift both for their cus<strong>to</strong>mers and staff. This<br />

should be required prior <strong>to</strong> construction. We are currently in the early stages <strong>of</strong> investigating<br />

development <strong>of</strong> local bus services for Dingwall and perhaps there is scope for Tesco <strong>to</strong> help<br />

promote this in their travel plan either by in s<strong>to</strong>re advertising and/or possible financial<br />

contribution. We would welcome the opportunity <strong>to</strong> discuss this further. We note comments<br />

in the four representations all refer <strong>to</strong> pressure on parking spaces at peak times. It is reasonable<br />

<strong>to</strong> ask <strong>to</strong> see Tesco’s green travel plan from the original permission with information on how<br />

they are performing against targets they have set previously.<br />

(Full text <strong>of</strong> letter(s) available on request from Area Planning & Building Standards Manager)<br />

__________________________________________________________________________________


5.0 POLICY BACKGROUND<br />

5.1 STRUCTURE PLAN – Adopted March, 2001.<br />

POLICIES:<br />

Policy G1 - Conformity with strategy – The Council will support developments, having regard<br />

<strong>to</strong> the Plan’s sustainable objectives, which promote and enhance the social, economic and<br />

environmental wellbeing <strong>of</strong> the people <strong>of</strong> Highland.<br />

Policy G2 - Design for sustainability – Developments which are judged <strong>to</strong> be significantly<br />

detrimental in terms <strong>of</strong> the listed criteria shall not accord with the Structure Plan.<br />

5.2 LOCAL PLAN – Ross & Cromarty East Local Plan – Adopted February, 2007.<br />

POLICIES:<br />

C – Town Centre – The Council will encourage <strong>to</strong>wn centre uses appropriate <strong>to</strong> the<br />

settlement’s role in the hierarchy.<br />

5.3 PREVIOUS DECISIONS:<br />

01/00812/OUTRC – Redevelopment <strong>to</strong> Provide a Supermarket, etc – Outline Planning<br />

Permission granted 22 nd April, 2002.<br />

02/00891/REMRC – Reserved Matters for Redevelopment <strong>of</strong> Mart & Gas Distribution<br />

Station <strong>to</strong> Form a Supermarket & Petrol Filling Station with<br />

Associated <strong>Car</strong> <strong>Parking</strong>, Servicing, Access & Landscaping – Refused<br />

17 th March, 2003.<br />

03/00560/REMRC - Erection <strong>of</strong> Supermarket, Petrol Filling Station, <strong>Car</strong> Park, Access,<br />

Servicing and Landscaping (ARM) – Resubmission – Approval <strong>of</strong><br />

Reserved Matters granted 18 th August, 2003.<br />

04/00060/ADVRC - Erection <strong>of</strong> Building Signage, Gantry Signs & General <strong>Car</strong> Park<br />

Signage – Advertisement Consent granted 19 th April, 2004.<br />

05/00016/FULRC - Erection <strong>of</strong> Temporary Marquee – Refused 21 st March, 2005.<br />

05/00017/ADVRC- Erection <strong>of</strong> Banner Sign, 4 Flag Signs & 2 Point <strong>of</strong> Sale Signs –<br />

Refused 21 st March 2005.<br />

__________________________________________________________________________________<br />

6.0 PLANNING APPRAISAL<br />

6.1 This application proposes the change <strong>of</strong> use <strong>of</strong> nine car parking spaces at the existing Tesco<br />

supermarket <strong>to</strong> provide a hand car valeting operation, including the siting <strong>of</strong> a cabin. The plans<br />

submitted illustrate the cabin being sited in the middle <strong>of</strong> nine parking bays with a dark blue<br />

cantilever canopy being erected over the dry (vaeting) bays. All water run-<strong>of</strong>f is captured for<br />

both filtration and re-use. Outside <strong>of</strong> operating hours the area is available for normal retail<br />

parking.<br />

6.2 Policy: The Local Plan policy encourages <strong>to</strong>wn centre uses appropriate <strong>to</strong> the settlement’s<br />

role. The provision <strong>of</strong> a hand car wash and valeting facility within the <strong>to</strong>wn centre is<br />

consistent with this policy.<br />

6.3 Services: SEPA are satisfied with the Water Quality Statement submitted in support <strong>of</strong> the<br />

application, but advise that they have not considered the water quantity. The Applicants advise<br />

that all water is filtered and re-cycled, they will have <strong>to</strong> obtain a Trade Effluent License from<br />

Scottish Water and all water will be metered. The Environmental Health Section <strong>of</strong> TEC<br />

Services consider the noise levels <strong>of</strong> approximately 38 decibels arising from the development,<br />

measured at the nearest house as indicated in the Noise Assessment <strong>to</strong> be acceptable and<br />

recommend a planning condition be imposed restricting hours <strong>of</strong> operation as suggested in the<br />

report. The Roads Section has no objection <strong>to</strong> the granting <strong>of</strong> a temporary consent and ask that


Tesco’s current Travel Plan be reviewed. It should be noted that Tesco are not the applicant in<br />

this case, although they would be the landowner, and accordingly a condition <strong>to</strong> this effect<br />

cannot be imposed on the current applicant.<br />

6.4 Representations: Four letters <strong>of</strong> representation have been received from local residents and<br />

businesses objecting <strong>to</strong> the development occupying nine spaces within the car park which is<br />

below standard in terms <strong>of</strong> car parking space provision, claiming that the car park was<br />

overflowing, particularly at Christmas. It is suggested that Tesco have instructed staff <strong>to</strong> park<br />

in public car parks within the area and that no additional development should be allowed at the<br />

s<strong>to</strong>re on the car parking area until the shortfall <strong>of</strong> spaces is addressed.<br />

6.5 Conclusion: Members will recall refusing planning permission in 2005 for a marquee <strong>to</strong> be<br />

sited on 10 parking spaces <strong>to</strong> the front <strong>of</strong> the s<strong>to</strong>re <strong>to</strong> retail gardening products. This was due<br />

<strong>to</strong> the loss <strong>of</strong> parking spaces and the visual impact <strong>of</strong> the structure. In relation <strong>to</strong> this<br />

application, the key issue is whether the use <strong>of</strong> nine parking spaces from the edge <strong>of</strong> the<br />

supermarket car park for this service is acceptable. The Roads Authority, in consultation with<br />

the Planning Service, has no objection <strong>to</strong> the granting <strong>of</strong> a temporary consent <strong>to</strong> enable the<br />

impact <strong>of</strong> the development upon car parking <strong>to</strong> be assessed. The developer has advised that it<br />

is their normal practice <strong>to</strong> provide their service <strong>to</strong> cus<strong>to</strong>mers who are already visiting the Tesco<br />

s<strong>to</strong>re and if spaces were not in use for their business, they are not in a position <strong>to</strong> prevent car<br />

parking by supermarket cus<strong>to</strong>mers. The Roads Service would like <strong>to</strong> see Tesco reviewing their<br />

current Travel Plan <strong>to</strong> encourage and promote the use <strong>of</strong> transport other than by car. This<br />

cannot be pursued through the current application as it has not been lodged by Tesco, although<br />

they are the affected landowner. This could be pursued separately with Tesco by the Planning<br />

Service and the Roads Section. A temporary consent would allow the situation <strong>to</strong> be reviewed<br />

and if unacceptable parking problems arose then the Planning Authority could decline <strong>to</strong> renew<br />

the consent.<br />

6.6 In the circumstances, the application is recommended for approval for a time limited period<br />

and subject <strong>to</strong> conditions.<br />

__________________________________________________________________________________<br />

RECOMMENDATION:<br />

APPROVE subject <strong>to</strong> the following conditions:<br />

1. Planning Permission is hereby granted for a temporary period <strong>of</strong> two years only, expiring on<br />

31 st March, 2009, after which date the use <strong>of</strong> the nine car parking spaces for the car wash and<br />

valeting service shall cease, all structures shall be removed from the site and the car parking<br />

spaces shall be returned <strong>to</strong> their original condition, unless prior formal approval is obtained<br />

<strong>to</strong> renew the consent.<br />

Reason: To enable the Planning Authority <strong>to</strong> retain effective control and <strong>to</strong> allow the impact upon car<br />

parking requirements at the supermarket <strong>to</strong> be assessed.<br />

2. The hours <strong>of</strong> operation shall be restricted <strong>to</strong> 0830 – 1700 hours Monday-Saturday and 1000 –<br />

1600 hours Sunday and Bank Holidays only.<br />

Reason: To reduce the risk <strong>of</strong> noise nuisance and as stated in the Acoustic Report submitted in<br />

support <strong>of</strong> the application (Plan No 7 <strong>of</strong> 7).<br />

3./


3. If not in use by car wash or valeting cus<strong>to</strong>mers, the eight parking spaces shall be available for<br />

general supermarket cus<strong>to</strong>mers and no signage shall be displayed <strong>to</strong> discourage general<br />

parking on the site.<br />

Reason: To ensure adequate car parking spaces remain available at the supermarket.<br />

4. The proposed cabin and canopy shall be coloured dark blue.<br />

Reason: In the interests <strong>of</strong> visual amenity.<br />

5. The development shall be undertaken in accordance with the plans, materials and statements<br />

hereby approved and submitted in support <strong>of</strong> the application and any variation shall require<br />

the prior formal approval <strong>of</strong> the Planning Authority in consultation with the Scottish<br />

Environment Protection Agency and the Environmental Health Authority.<br />

Reason: To enable the Planning Authority <strong>to</strong> retain effective control.<br />

SIGNATURE:<br />

DESIGNATION: AREA PLANNING & BUILDING STANDARDS MANAGER<br />

DATE 06 March 2007<br />

AUTHOR: Julie Ferguson/PJM Telephone: 01349 864991<br />

LOCAL COUNCILLOR: Margaret E Paterson<br />

The above report does not rely <strong>to</strong> any material extent on any document other than those<br />

identified in the report.<br />

Reports/06/01149/FULRC

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