Trilogy (Leamington Spa) Limited Morrisons, Lysander Road Cribbs Causeway - BS10 7UD June 2021
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Trilogy (Leamington Spa) Limited Morrisons, Lysander Road Cribbs Causeway BS10 7UD June 2021 Peacock + Smith Limited T: 0113 243 1919 Suite 9C, Joseph's Well E: leeds@peacockandsmith.co.uk Hanover Walk Leeds LS3 1AB
Trilogy (Leamington Spa) Limited Morrisons, Lysander Road Report 1. Introduction 3 2. Site Location, description and Planning History 5 3. Proposed Development 7 4. Planning Policy Context 8 5. Sequential Assessment 17 6. Assessment of the Proposals 25 7. Summary and Conclusions 30 Prepared by: Ollie Thomas Approved by: Gareth Glennon This report has been prepared by Peacock + Smith Ltd with all reasonable skill, care and diligence. The scope of the report is subject to specific agreement with our client and should not be relied upon by any other party. Any third party that use this information does so at its own risk. Peacock & Smith accepts no responsibility for information contained within this report which has been independently produced or verified. Should you have any issue with regard to this report, please contact the Director at Peacock & Smith identified above. Planning Statement/5467 2 June 2021
Trilogy (Leamington Spa) Limited
Morrisons, Lysander Road
1.1. This Report comprises a Planning Statement prepared on behalf of our client, Trilogy
(Leamington Spa) Limited, in support of a planning application for a drive-thru coffee shop within
their existing car park at Morrisons Cribbs Causeway, located off Lysdander Road.
1.2. The proposed development will be single storey in nature and provide indoor and outdoor
seating areas. A wrap around drive-thru lane provides access for cars to be served from a serving
hatch to the rear of the building. A description of the proposed development is set out at Section
3 of this Statement, and also in the accompanying Design and Access Statement.
1.3. The description of the development is as follows:
“Erection of a single storey drive-thru coffee facility with associated adverts.”
Purpose and Structure of Report
1.4. The Report seeks to address all relevant planning considerations prior to drawing conclusions as
to the merits of the application.
1.5. This Planning Statement should be read in conjunction with the other documents submitted in
support of the full planning application. These documents include:
Design and Access Statement, prepared by Whittam Cox Architects;
Transport Statement, prepared by Bryan G Hall;
Drainage Design Philosophy, prepared by Beam Consulting;
Phase 1 Desk Top Study, prepared by Arc Environmental Ltd; and
Commercial Ventilation Strategy, prepared by Environmental Services Design.
1.6 Additionally, the application is accompanied by the following drawings:
Location Plan, Ref: 084_PL_01
Existing Site Plan, Ref: 084_PL_02
Proposed Site Plan, Ref: 084_PL_03
Proposed Building Plan and Elevations, Ref: 084_PL_04
Electrical Services External Lighting Plan, Ref: EJ1540-ESD-XX-00-X-DR-E-6901
Planning Statement/5467 3 June 2021Trilogy (Leamington Spa) Limited
Morrisons, Lysander Road
Outline Drainage General Arrangement, Ref: 215-25-500
1.7 The remainder of this Report is structured as follows:
(a) Section 2: describes the site and discusses the planning history
(b) Section 3: describes the proposed development
(c) Section 4: positions the proposals in the context of planning policy
(d) Section 5: details the Sequential Assessment
(e) Section 6: provides an assessment of the proposals
(f) Section 7: Summarises and concludes
Planning Statement/5467 4 June 2021Trilogy (Leamington Spa) Limited
Morrisons, Lysander Road
Site Location
2.1. The site is located within Cribbs Causeway, a predominantly commercial and retail area that
provides the largest concentration of shopping and leisure facility in the district. The site is within
the WM Morrison Supermarket car park, to the north of the car park and upon a laid area
currently used for car parking of customers to the supermarket.
(Map 1: site’s location relative to the adjacent land uses; site outlined in red)
Site Description
2.2. The site relates to an underutilised area of the Wm Morrison Supermarket car park in the north
east area of the site.
2.3. The wider site contains the large Morrisons supermarket, a Morrisons Petrol Station and
elsewhere on the car park are existing small scale enterprises: Hand Car Wash, Xpress Centres,
Every Cloud Vape Shop.
2.4. The site is currently accessed from the north, leading off a roundabout and then serving the site
and wider car park area.
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Morrisons, Lysander Road
2.5. The site is not within a conservation area and there are no listed buildings present at the site or
in the immediate surrounding area, confirmed by Historic England’s online Map search facility.
2.6. The site is within Flood Zone 1 according to the government’s flood risk for planning service,
where there is a low probability risk of flooding.
Site Surroundings
2.7. With the site lying within an existing commercial centre, there are neighbouring large-scale
commercial uses in every direction. These are predominantly retail and their associated car
parking. To the north of the site lies a considerably large B&Q hardware store.
2.8. Immediately to the east lies a public footpath, which on the opposing side of this lies a row of
units, all set back from Lysander Road with car parking to the front.
2.9. To the west lies a number of smaller retail units, with independent accesses and parking areas,
whilst the M5 defines the Cribbs Causeway retail area only circa. 250m further north-west.
2.10. To the south lies the remaining car park area for Morrisons, with the store positioned in the south-
west corner.
Planning History
2.11. A review of the Council’s Public Access system has revealed the following applications of
relevance.
P20/06217/F – approved 10 June 2020
Demolition of existing damaged store entrance and erection of new glazed entrance
(part retrospective).
P20/06214/F – approved 07 May 2020
Erection of temporary store entrance and buildings to form pharmacy and w/c block
in current car park (retrospective).
P19/11423/F – approved 10 October 2019
Erection of 1 no. vehicular repair pod (Class B2).
P19/8260/F – approved 13 September 2019
Erection of 1 no. car store pod (Sui-Generis)
PT17/4082/F – approved 31 October 2017
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Morrisons, Lysander Road
Change of use of car park to car wash/ valeting area (Class Sui Generis) as defined in
the Town and Country Planning (Use Classes) Order 1987 (as amended) to include
erection of canopy and 1 no. portakabin with associated works.
3.1 The application seeks planning permission for the erection of a single storey coffee drive-thru
facility with associated signage on land at Cribbs Causeway, Lysander Road Morrisons car park
as shown on site location plan ref: 084_PL_01
3.2 This Section is to be read in conjunction with the following plans and documents prepared by the
scheme architects, Whittam Cox:
Design and Access Statement (Ref:180159-348)
Existing Site Plan – Ref: 084_PL_02
Proposed Site Plan – Ref: 084_PL_03
Proposed Building Plan and Elevations – Ref: 084_PL_04
3.3 As set out in the accompanying Design & Access Statement prepared by Whittam Cox Architects,
the proposed drive-thru coffee shop will be constructed to a high standard and incorporates a
cafe seating area, serving and back of house areas. There will also be an outdoor seating area.
3.3 The drive-thru lane will wrap around the building with a serving hatch located on the rear of the
building.
3.4 Vehicular access is taken from the existing Morrisons car park and appropriate white lining will
be provided to enable pedestrians to access the site from within the Morrisons car park and
wider area.
3.5 The site layout has been chosen due to it being an underutilised are of the Morrisons car park.
As set out in the Transport Statement prepared by Bryan G Hall, the existing Morrisons car park
has 520 spaces and the proposal will result in the loss of 65 spaces, which is more than sufficient
based on the findings of the Transport Statement
3.6 The proposed location within the car park is such that it will minimise disruption to the existing
car park operation and highway network
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Morrisons, Lysander Road
3.7 The proposed drive-thru coffee shop will be constructed to a high standard and will utilise a
palate of materials that are appropriate to the context and are consistent the end users brand
identity.
4.1. Section 38(6) of the Planning and Compulsory Purchase Act (2004) states that where regard is to
be had to the Development Plan for the purpose of any determination [of planning applications]
to be made under the Planning Acts, the determination must be made in accordance with the
Development Plan unless material considerations indicate otherwise.
4.2. In this case the statutory Development Plan presently comprises the South Gloucestershire Local
Plan Core Strategy 2006 – 2027 (adopted December 2013) and the Policies, Sites and Places Plan
(PSP) (adopted November 2017).
4.3. The National Planning Policy Framework (‘the NPPF’) (2019); the Planning Practice Guidance
(2016); and the National Design Guide (MHC&LG October 2019) are also material planning
considerations.
The Development Plan
South Gloucestershire Core Strategy (2006 – 2027)
4.4. The Local Plan was adopted in December 2013 and sets out the Council’s vision for future
development, it covers the general location, type and scale of development as well as protecting
what is valued about the area. Those policies considered to be relevant to the determination of
the planning application are:
Policy CS1: High quality design: indicates that development will only be permitted
where the highest possible standards of design and site planning are achieved.
Information submitted with an application should be proportionate to the scale,
significance and impact on the proposal.
Policy CS6: Infrastructure and Developer Contribution: identifies that the Council will
work with partners to deliver infrastructure, services and community facilities to
improve the sustainability of its communities. The Council will also continually and
positively work with communities, developers and infrastructure providers to ensure
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Morrisons, Lysander Road
implementation of the plan is viable and not put at risk throughout the economic cycle
as part of pursuing sustainable development.
Policy CS14: Town Centres Retail: confirms that the Council will work with partner
organisations and the local community to protect and enhance the vitality and viability
of existing centres in South Gloucestershire in recognition of their retail, service and
social functions.
Cribbs Causeway/Mall is identified as Out-of-Centre and that development proposal
will need to satisfy the sequential test.
Policy CS26: Cribbs/Patchway New Neighbourhood: this is a major mixed use
development planned on 48ha of land at Cribbs Causeway, Patchway and Filton.
Within the new neighbourhood through the preparation and adoption of
Supplementary Planning Document, provision will be made for approximately 5,700
dwellings in new mixed use communities, around 50 ha of employment land, and
greater diversity of commercial uses including additional retail, together with
supporting infrastructure and facilities.
The new residential neighbourhood(s) and commercial area will provide for (inter alia)
local retail, food and drink outlets, within character areas 1-3.
Policies, Sites and Places (PSP)
4.5. The Policies, Sites and Places plan forms part of the South Gloucstershire Local Plan, together
with the Core Strategy and Joint Waste Core Strategy. The PSP plan is in two parts:
Part one: covers policies for managing new development. These policies have been
drawn up in accordance with the NPPF and NPPG.
Part two: covers the allocation and protecting of sites and places within Gloucsterhisre.
This includes details of town centres and site allocation. There are also links to local
green spaces and heritage sites at risk.
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Policy PSP5: Undesignated Open Spaces within Urban Areas and Settlements: outlines
how the Council will manage and mitigate flood risk by delivering the Bridgwater Tidal
Defence Scheme and integral Flood Defence Embankment Works.
Policy PSP11: Transport Impact Management: sets out the circumstances under which
development proposals which generate a demand for travel will be acceptable.
Policy PSP16: Parking Standards: New development proposal(s) will be acceptable
where the following parking standards are met:
Cycle Standards
1) The cycle parking standards (spaces and infrastructure) as set out in Schedule A,
supported by appropriate and reasonable infrastructure to meet the needs of cyclists.
Schedule A indicates that in the case of shops and services less than 3,000sqm gross
floor area, per 100 sqm GFA 2 cycle spaces outside the entrance are required (1 secure
and undercover) per 8 employees.
Policy PSP20: Flood Risk, Surface Water and Watercourse Management: sets out that
all development proposals should follow the sequential approach to flood risk.
Policy PSP31: Town Centre Uses: Part 1 of PSP31: stresses a presumption in favour of
main town centre uses being directed to town and district centres, identified on the
Policies Map. Regarding Out of Centre proposals, the policy is set out as follows, inter
alia:
Out of Centre Development Proposal(s)
6) Out of centre proposal(s) for main town centre uses will only be acceptable where:
I. no centre or edge of centre sites are available; and
ii. the proposal(s) would be in a location readily accessible on foot, cycle, and by public
transport; and
iii. alternative formats for the proposed uses have been considered.
A number of the following ‘General assessment criteria’ are considered to be of
relevance to the prospective proposal:
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Morrisons, Lysander Road
12) Development proposal(s) for all main town centre uses, including retail, in any
location, will be expected to:
i. positively respond to any centre specific health check or locally prepared and
endorsed vision (see also CS1 criteria 4); and
ii. be in proportion to the role and function of the location; and
ii. ensure any shopfront(s), sign(s) or advertisement(s), are of a scale, detail, siting and
type of illumination appropriate to the character of the host building, wider street scene
and avoids a harmful effects on amenity of the surrounding area; and
iv. have convenient, safe and attractive access to and from surrounding residential
areas for pedestrians and cyclists; and
v. have appropriate provision for parking and servicing; and
vi. not give rise to unacceptable levels of vehicular traffic to the detriment of the
amenities of the surrounding area and highway safety; and
vii. where possible and viable include and make positive use of upper floors; and
viii. demonstrate a positive contribution towards the public realm and non-car
circulation; and
ix. be well served by public transport.
Policy PSP35: Food and Drink Uses (including drive through takeaway facilities): is
particularly relevant to this proposal. The policy is set out as follows:
Development proposal(s) for food and drink uses will be acceptable provided that,
individually or cumulatively, any impact would not harm the character of the area,
residential amenity and/or public safety.
To assess the impact of food and drink development proposal(s), the following matters
will be taken into account:
1) a harmful concentration of food and drink uses would be created; and
2) the number, distribution and proximity of food and drink uses, hot food takeaways,
including those with an unimplemented planning permission; and
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Morrisons, Lysander Road
3) noise, general disturbance, fumes, smells, litter and late night activity; and
4) the availability of parking and servicing; and
5) opening hours; and
6) highway safety; and
7) the availability of refuse storage and disposal facilities; and
8) the appearance of any associated extensions, flues and installations.
In addition to the above criteria, proposal(s) for drive through takeaways will be
expected to avoid any harm to the ease of pedestrian and cycle movement, general
vehicular circulation and available parking spaces.
.
Other Planning Policy Considerations
National Planning Policy Framework (2019)
4.6. The revised NPPF was adopted by the Government in February 2019. Paragraph 2 confirms that
planning law requires that applications should be determined in accordance with the
development plan unless material considerations indicate otherwise. The NPPF is a material
consideration in planning decisions in that regard.
4.7. Paragraph 7 states that the purpose of the planning system is to contribute to the achievement
of sustainable development. Paragraph 8 explains that there are three overarching objectives to
‘sustainable development’:
an economic objective – to help build a strong, responsive and competitive economy, by
ensuring that sufficient land of the right types is available in the right places and at the
right time to support growth, innovation and improved productivity; and by identifying
and coordinating the provision of infrastructure;
a social objective – to support strong, vibrant and healthy communities, by ensuring that
a sufficient number and range of homes can be provided to meet the needs of present
and future generations; and by fostering a well-designed and safe built environment,
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Morrisons, Lysander Road
with accessible services and open spaces that reflect current and future needs and
support communities’ health, social and cultural well-being; and
an environmental objective – to contribute to protecting and enhancing our natural, built
and historic environment; including making effective use of land, helping to improve
biodiversity, using natural resources prudently, minimising waste and pollution, and
mitigating and adapting to climate change, including moving to a low carbon economy.
4.8. Paragraph 11 adding that plans and decision should apply a presumption in favour of sustainable
development.
4.9. For decision-taking this means:
Approving proposals that accord with an up-to-date development plan without delay;
where there are no relevant development plan policies, or the policies which are most
important for determining the application are out-of-date, granting permission unless: i.
the application of policies in this Framework that protect areas or assets of particular
importance provides a clear reason for refusing the development proposed; or ii. any
adverse impacts of doing so would significantly and demonstrably outweigh the benefits,
when assessed against the policies in this Framework taken as a whole.
4.10. Paragraph 12 confirms that the presumption in favour of sustainable development does not
change the statutory status of the development plan as the starting point for decision making.
Where a planning application conflicts with an up-to-date development plan (including any
neighbourhood plans that form part of the development plan), permission should not usually be
granted. Local planning authorities may take decisions that depart from an up-to-date
development plan, but only if material considerations in a particular case indicate that the plan
should not be followed.
4.11. Paragraphs 86 to 91 set out the governments approach to retail and town centres. Paragraph 87
states that Local planning authorities should apply a sequential test to planning applications for
main town centre uses which are neither in an existing centre nor in accordance with an up-to-
date plan. Main town centre uses should be located in town centres, then in edge of centre
locations; and only if suitable sites are not available (or expected to become available within a
reasonable period) should out of centre sites be considered. Paragraph 88 adding that when
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Morrisons, Lysander Road
considering edge of centre and out of centre proposals, preference should be given to accessible
sites which are well connected to the town centre.
4.12. Paragraph 90 states that when assessing applications for retail and leisure development outside
town centres, which are not in accordance with an up-to-date plan, local planning authorities
should require an impact assessment if the development is over a proportionate, locally set
floorspace threshold (if there is no locally set threshold, the default threshold is 2,500m2 of
gross floorspace).
4.13. Finally, paragraph 91 outlines that where an application fails to satisfy the sequential test or is
likely to have significant adverse impact on one or more of the considerations in paragraph 90, it
should be refused.
4.14. In relation to promoting sustainable transport, paragraph 104 outlines how transport issues
should be considered from the earliest stages of development proposals. Paragraph 111
confirms that development should only be prevented or refused on highways grounds if there
would be an unacceptable impact on highway safety, or the residual cumulative impacts on the
road network would be severe.
4.15. Paragraph 113 confirms that all developments that will generate significant amounts of
movement should be required to provide a travel plan, and the application should be supported
by a transport statement or transport assessment so that the likely impacts of the proposal can
be assessed.
4.16. Paragraph 119 states that Planning policies and decisions should promote an effective use of
land in meeting the need for homes and other uses, while safeguarding and improving the
environment and ensuring safe and healthy living conditions. Strategic policies should set out a
clear strategy for accommodating objectively assessed needs, in a way that makes as much use
as possible of previously-developed or ‘brownfield’ land.
4.17. In relation to achieving well-designed places, paragraph 126 confirms that the creation of high-
quality buildings and places is fundamental to what the planning and development process
should achieve. Good design is a key aspect of sustainable development, creates better places
in which to live and work and helps make development acceptable to communities. Being clear
about design expectations, and how these will be tested, is essential for achieving this. So too is
effective engagement between applicants, communities, local planning authorities and other
interests throughout the process.
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4.18. Para 134 confirms that permission should be refused for development of poor design that fails
to take the opportunities available for improving the character and quality of an area and the way
it functions, taking into account any local design standards or style guides in plans or
supplementary planning documents. Conversely, where the design of a development accords
with clear expectations in plan policies, design should not be used by the decision-maker as a
valid reason to object to development.
4.19. Para 136 confirms that the quality and character of places can suffer when advertisements are
poorly sited…. Advertisements should be subject to control only in the interests of amenity and
public safety.
Planning Practice Guidance – Town Centres and Retail
4.20. Planning Practice Guidance (PPG) in the section concerning ‘Town centres and retail’ provides
further clarification on the role of the sequential test in decision taking. Para 11 confirms:
“It is for the applicant to demonstrate compliance with the sequential test (and failure to
undertake a sequential assessment could in itself constitute a reason for refusing permission).
Wherever possible, the local planning authority is expected to support the applicant in
undertaking the sequential test, including sharing any relevant information. The application of
the test will need to be proportionate and appropriate for the given proposal. Where
appropriate, the potential suitability of alternative sites will need to be discussed between the
developer and local planning authority at the earliest opportunity”.
4.21. PPG paragraph 12 adds:
“It is for the applicant to demonstrate compliance with the sequential test (and failure to
undertake a sequential assessment could in itself constitute a reason for refusing permission).
Wherever possible, the local planning authority is expected to support the applicant in
undertaking the sequential test, including sharing any relevant information. The application of
the test will need to be proportionate and appropriate for the given proposal. Where
appropriate, the potential suitability of alternative sites will need to be discussed between the
developer and local planning authority at the earliest opportunity”.
National Design Guide (MHC&LG October 2019)
4.22. The National Design Guide (2019) addresses the question of how we recognise well designed
places, by outlining and illustrating the Government’s priorities for well-designed places in the
form of ten characteristics.
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4.23. Paragraph 40 states that well-designed new development responds positively to the features of
the site itself and the surrounding context beyond the site boundary. However, paragraph 43
notes that well-designed places do not need to copy their surroundings in every way. It is
appropriate to introduce elements that reflect how we live today, to include innovation or change.
4.24. Paragraph 59 states that where the character of an existing place has limited or few positive
qualities, then a new and positive character will enhance its identity. Paragraph 64 states that
well-designed new development makes efficient use of land with an amount and mix of
development and open space that optimises density. It also relates well to and enhances the
existing character and context.
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Morrisons, Lysander Road
5.1. Prior to undertaking the Sequential Assessment, it is essential to understand the requirements,
planning policy, guidance and case law all of which dictate the application of the assessment.
This is explained below.
5.2. Paragraph 87 of the National Planning policy Framework requires proposals for retail
development on out of centre sites to undertake a sequential approach to site selection as
follows:
“Local planning authorities should apply a sequential test to planning applications for
main town centre uses which are neither in an existing centre nor in accordance with an
up-to-date plan. Main town centre uses should be located in town centres, then in
edge of centre locations; and only if suitable sites are not available (or expected to
become available within a reasonable period) should out of centre sites be
considered.”
5.3. Planning Practice Guidance (PPG) in the section concerning ‘Town centres and retail’ provides
further clarification on the role of the sequential test in decision taking. Para 11 confirms:
“It is for the applicant to demonstrate compliance with the sequential test (and failure to
undertake a sequential assessment could in itself constitute a reason for refusing permission).
Wherever possible, the local planning authority is expected to support the applicant in
undertaking the sequential test, including sharing any relevant information. The application of
the test will need to be proportionate and appropriate for the given proposal. Where
appropriate, the potential suitability of alternative sites will need to be discussed between the
developer and local planning authority at the earliest opportunity”.
5.4. PPG paragraph 12 adds:
“It is for the applicant to demonstrate compliance with the sequential test (and failure to
undertake a sequential assessment could in itself constitute a reason for refusing permission).
Wherever possible, the local planning authority is expected to support the applicant in
undertaking the sequential test, including sharing any relevant information. The application of
the test will need to be proportionate and appropriate for the given proposal. Where
appropriate, the potential suitability of alternative sites will need to be discussed between the
developer and local planning authority at the earliest opportunity”.
5.5. Furthermore, in order to undertake the sequential assessment, it is critical (following the Dundee
and Rushden Lakes decisions – see below) to understand what is being proposed by the
application. In this instance, the application seeks the construction of 171 sqm (1840 sq.ft) of
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floor space to provide a drive-thru coffee shop. The size of the unit is dictated by the end
operator’s established business model.
5.6. When assessing sequentially preferable sites, there is a requirement to look at the suitability of
and availability of potential sites and also for the applicant to demonstrate a degree of flexibility
Assessment Criteria
Suitability
5.7. The drive thru coffee shop requires a site area of around 0.2 ha with good visibility from, and
access to, a major road, with sufficient land to accommodate areas for deliveries, parking and a
drive thru element to allow customers to drive up to the unit, place an order and pick up that
order. This type of operation is generally not suited to a town centre location, which typically
cannot offer sites with on-site parking and sufficient room for a drive thru/pick up facility. It is
quite common for operators of drive thru coffee shops, such as Costa Coffee/Starbucks, to
operate a town centre business for walk-in trade and an additional drive thru business outside
the town centre.
5.8. Furthermore, a locational requirement is to avoid direct competition with any nearby operators
– for example, it would not be appropriate to locate a drive-thru unit immediately on or
immediately adjacent to a site, where there is a similar drive-thru already operational.
Availability
5.9. There is no definition of ‘availability’ in the PPG or the NPPF. However, superseded guidance
(PPS4 Practice Guidance) defined availability as a site that was available now, or are likely to
become available for development within a reasonable period of time. The availability of a site
also required consideration as to whether or not there are any insurmountable legal or ownership
problems such as multiple ownerships, ransom strips, tenancies or operational requirements of
landowners. In this instance, we have looked at sites that are being actively marketed and
displaying such materials in and around the site. This approach is considered to be reasonable
and robust.
5.10. On the issue of availability, it is necessary to consider if the site is available for development,
when on the best information available, there is confidence that there are no insurmountable
legal or ownership problems, such as multiple ownerships, ransom strips, tenancies or
operational requirements of landowners.
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5.11. The ‘Rushden Lakes’ (APP/G2815/V/12/2190175) appeal clarifies this issue further. The
Inspector clearly states that the “NPPF [2012, paragraph 24] simply asks whether town centre or
edge of centre sites are “available”. It does not ask whether such sites are likely to become
available during the remainder of the plan period or over a period of some years.” The correct
interpretation of availability means that sites need to be immediately available.
5.12. It is noted that the revised Framework (2019) states that suitable alternative sites should be
available or “expected to become available in a reasonable period
Viability
5.13. There is no definition of ‘viability’ in the PPG (in respect of the sequential assessment) or the
NPPF. However, superseded guidance (PPS4 Practice Guidance) defined ‘viability’ as whether or
not there is a reasonable prospect that development will occur on a site. This includes market
factors (land values, attractiveness of the locality and level of potential market demand), cost
factors (site preparation costs, planning obligations, prospects of funding) and delivery factors
(phasing requirements and completion dates). Given the scale of the development proposed, it
is considered that any additional land purchase would make the development unviable and
therefore only ‘built out sites’ are considered by this assessment. This approach is considered to
be reasonable and robust.
Demonstrating flexibility
5.14. The test for the sequential approach concerns the availability of sites that are suitable for the
proposed development in sequentially preferable locations, in this instance a town centre or
edge-of-centre site. Whilst some flexibility should be shown, the Supreme Court decided in the
case of Tesco Stores Ltd v Dundee City Council (the Scottish wording in this respect is essentially
the same as in the NPPF) the question is whether there is any site which is ‘suitable for the
development proposed by the applicant’, not whether there is a site for ‘something less than that
sought by the developer’ or ‘suitable for meeting identified deficiencies in retail provision in the
area’.
5.15. In terms of the case at Rushden, the Secretary of State (SoS) (14 June 2014) considered a
proposal for inter alia retail proposals at Northampton Road, Rushden in an out-of-centre
location (ref: APP/G2815/V/12/2190175). Materially, this was the first SoS decision since the
Government issued PPG in March 2014 on how to apply the NPPF. It provides a useful
interpretation of the Sequential and Impact Tests.
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5.16. At paras 8.43 – 8.58 inclusive, the Inspector makes his conclusions on the sequential test, which
are agreed with by the SoS. The following extracts are relevant in this case:
“(8.43) The sequential test relevant to decision taking is found at NPPF [24]……… The answer to
this question of law is suitable for the development proposed by the applicant…… However,
that the terms are to be construed (and therefore application) in the real world of real
development is beyond argument. The real world is the context.
(8.44) The Supreme Court has told us in Dundee what “suitable” means….. The policy
concerning the sequential approach as set out in the NPPF…must be applied in a manner which
complies with the legally binding case law on the meaning of the sequential approach. Plainly
the case in question (Dundee) is of seminal importance.
(8.46) It is important to bear in mind that the sequential test as set out in the NPPF (24) require
applications for main town centre uses to be located in town centres and it then runs through
the sequence, edge and then out-of-centre. This makes good the very simple point that what
the sequential test seeks is to see whether the application i.e. what is proposed, can be
accommodated on a town centre site. There is no suggestion here that the sequential test
means to refer to anything other than the application proposal. So Dundee clearly applies to
the NPPF.
(8.47)……The last sentence of NPPF (24) states that: “Applicants and local planning authorities
should demonstrate flexibility on issues such as format and scale.” This contrasts strikingly with
what was said previously in PPS4 in policy EC15.1 at (d) (iv) and 15.2 which contained an explicit
requirement for disaggregation. There is no longer any such requirement stated in the NPPF. It
is no answer to this to refer to the words “such as” in the last sentence of NPPF [24]. These
words cannot be read so as to imply that a major, and extremely controversial, part of
previously stated national policy lives on by implication in the NPPF. Had the Government
intended to retain disaggregation as a requirement it would and should have explicitly stated
this in the NPPF. If it had been intended to carry on with the requirement then all that would
have required is the addition of the word “disaggregation” at the end of NPPF [24].”
(8.55) In terms of availability, NPPF [24] simply asks whether town centre or edge of centre
sites are “available”. It does not ask whether such sites are likely to become available during
the remainder of the plan period or over a period of some years .”
5.17. With the above in mind, it is clear that whilst applicants are expected to look at flexibility on
issues of scale and format, there is now, no longer any requirement for the applicant to consider
disaggregation as part of the application proposals.
5.18. In addition, the Dundee Case, which is acknowledged in the Northampton Road Rushden SoS
decision, confirms that the Sequential Test is applied to ‘applications’ and ‘proposals’ not some
other form of proposal.
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5.19. As such, the decision maker needs to look at what the application proposes rather than some
other fictional scheme.
5.20. Therefore, when approaching this issue of flexibility, the question is whether all elements of the
proposed development could be accommodated at an in-centre or edge-of-centre site in its
proposed form. The proposal is to develop a drive thru restaurant/coffee shop of 171sq. m,
which has specific locational requirements and therefore impacts on the suitability of any
potential alternative sites.
5.21. Therefore, when approaching this issue of flexibility, the question is whether all the elements of
the proposed development could be accommodated at an in-centre or edge-of-centre site (in its
proposed form or a different form).
Coffee Drive-Thru requirements
5.22. Before undertaking the sequential assessment, the requirements for the proposed development
should be set out. There elements must be available and suitable for a site to be considered as
part of the sequential assessment.
Site Area – the site area of the scheme is 0.425 hectares;
Floor space- the floor space of the scheme is 171s qm;
Drive-thru lane – a key component of the proposed development;
Frontage onto the Primary Road Network – required by the proposed development for
passing traffic;
Potential safe access and egress – to ensure safety of both vehicle and pedestrian/
cyclists using the proposed development; and
Ability of site to operate without significant adverse impact on residential amenity.
Proximity of existing similar facilities.
Local Planning Policy Requirement
5.23. South Gloucestershire Policy CS14 and PSP31 sets out how proposals must accord with the
sequential and impact assessment requirements as defined in the NPPF. Specifically, proposals
for retail and other main town centre uses outside of defined town centres, must demonstrate
the application of a sequential test. When considering edge of centre and out of centre proposals,
preference should be given to accessible sites that are well connected to the town centre.
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Area of search
5.24. In accordance with the adopted Policies, Site and Places Plan, and in-line with the NPPF and its
relevant supporting Planning Practice Guidance, the proposed approach to the area of search
has been to first consider those sites of suitable site located within the town and district centres
of Zones 5, 10 and 11. The extent of the catchment area is considered appropriate given the
scale of the proposal and nature of the drive-thru requirements.
5.25. The town centres within the catchment area include Filton and Bradley Stoke, but to provide a
robust assessment we have also assessed the more recently allocated district centre of
Patchway.
5.26. If no suitable sites are identified within the town centre, the area of search is extended to include
an area of 300m from the primary shopping areas (i.e. edge-of-centre sites).
(Map 2: South Gloucester Survey Zones)
Assessment of Potential Alternative Sites
5.27. A sequential assessment of any sites within the above centres was undertaken on 22nd June 2021.
This included site visit to each of the centres to observe and obtain information on any units that
were vacant, advertised for sale/ let and any land that could be developed. In addition, a desk-
based search of national property guides, such as Rightmove, Zoopla, Estates Gazette was
undertaken on 23rd June 2021. The results for each centre are as follows:
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Filton Town Centre
5.28. Following a site visit and a search of commercial property online, the search did not identify any
vacant units within Filton town centre or within 300m of the primary shopping area.
5.29. On this basis, there are no available or suitable sites in or on the edge of Filton town centre.
Bradley Stoke Town Centre
5.30. Policy PSP31 identifies new capacity of 4000sqm of comparison retail development within the
Bradley Stoke Primary Shopping Area. The vision is that Bradley Stoke town centre will grow and
diversify to meet the changing needs of the town. The centre is presently anchored by a Tesco
Extra, which is complemented with other retail and food outlets.
5.31. The Retail Capacity Study (2014) at Paragraph 2.1.3 states that the capacity could be
accommodated as mezzanines in the existing units as well as through the remodelling of the car
park. To that end a location to the north of the existing large format stores referred to earlier has
been allocated as part of the Primary Shopping Area to accommodate this growth.
However, a hybrid planning application was refused on this allocated site in March 2019 (ref:
PT18/1491/O) but then allowed at appeal in January 2020 (ref: APP/P0119/W/19/3232136) for
the erection of two food and drink units each incorporating a drive-through; and to extend the
existing retail terrace to provide two non-food retail units (up to 3,100sqm including mezzanine)
and rearrangement of existing car park. Conditions attached to the appeal decision have recently
been discharged and therefore it is assumed that this development is being delivered. However,
the additional retail floorspace only currently benefits from outline permission and therefore it
is highly unlikely that it would be granted reserved matters approval and developed by the end
of 2022, in time to facilitate the proposal. As such, this site is unavailable for the proposed
development. Furthermore, the retail space proposed only amounts to 3,100sqm in total, which
is too small to accommodate the proposal. This site is therefore also unsuitable for the proposed
development.
5.32. Following a site visit and online search, no vacant units within or on the edge of Bradley Stoke
were identified.
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5.33. Within the Tesco superstore, there were a number of concession stores which have recently
vacated; however, these spaces within the store and having an inability for a drive-thru
arrangement is unsuitable for the requirements of this development.
5.34. As such, Bradley Stoke has no available or suitable sites in or on the edge of the centre to
accommodate the scheme.
Patchway District Centre
5.35. There is an extant planning permission within Patchway District Centre for 52 residential
apartments, 2no. retail units (Class A1) and 1no. children’s day nursery (Class D2) (LPA ref:
PT16/4740/RM), which has been implemented and is being built out. The approved retail units
have a floorspace of 196sqm and 370sqm, however, these units lack any drive-thru capabilities
and are not sited along any primary route network and are therefore unsuitable.
5.36. There were no sites in Patchway District Centre that were considered suitable or available.
Conclusion
5.37. Following an assessment of the sites considered above, it has been demonstrated that there are
clear locational requirements, which mean that the proposals can only take place at the proposed
site and any other location at the sites above would not address the specific site requirements.
Having assessed the above sites, it is clear that there are availability and/or suitability issues
associated with all of those sites assessed, many either being currently occupied and well-used;
or dismissible due to access arrangements, proximity to sensitive areas (i.e. residential properties
or conservation areas), or challenging topographies. Any of these issues, standalone or
combined, would prevent a suitable and viable scheme from being progress.
5.38. The assessment shows that none of the potential sites considered are suitable and/or available
for the proposed development. Given this, the application site remains the most appropriate
location.
5.31 It is clear from the above that the proposal is fully compliant with the retail policies contained in
the NPPF and there are no retail grounds upon which to refuse the application.
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Introduction
6.1. The main material planning considerations are considered to be as follows:
Principle of Development;
Design and Layout;
Impact on Highway and Accessibility; and
Principle of Development
6.2. There are a number of reasons why there is a compelling case for redevelopment on this site.
6.3. As set out above, the proposed development and its location pass the sequential assessment,
required as part of Policy CS14 and PSP31 and therefore the principle of development is
considered to be acceptable.
6.4. In addition, the site is already in an established retail use. The wider site is a large existing retail
location with an established location for roadside uses, whilst lying within an identified out-of-
centre shopping destination.
6.5. Furthermore, the site is considered to be previously developed ‘brownfield’ land, as per the
NPPF and definitions set out in ‘Annex 2: Glossary’. As per paragraph 119 of the NPPF, planning
policies and decisions should promote an effective use of land in a way that makes as much use
as possible of previously-developed or ‘brownfield’ land.
6.6. Finally, the site is considered to be in a highly accessible location. The Transport Statement,
outlined below, concludes that the site is accessible by sustainable modes such as walking,
cycling and public transport, thereby helping to reduce vehicular trips to and from the site and
the associated impact on the local road network.
6.7. The proposed development is considered to be in accordance with the adopted policies of the
Sedgemoor Local Plan and the NPPF when taken as a whole.
Design and Layout
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6.8. The planning application is supported by a Design and Access Statement, prepared by Bowman
Riley Architects, and submitted in support of the planning application.
6.9. Policy CS1 confirms that new development will only be permitted where the highest possible
standards of design and site planning are achieved. Development proposals will be required to
demonstrate that the siting, forms, scale, height, massing, detailing, colour and materials are
informed by respect and enhance the character, distinctiveness and amenity of both the site and
its context.
6.10. The Design and Access Statement confirms that the coffee shop is to be a single storey unit of
171 sqm gross internal area with associated external seating, hard landscaped paved areas, and
a small timber refuse store. The existing hard and soft landscaping will be adjusted to suit the
proposals.
6.11. The statement adding that the proposed building has been positioned by a desire to rejuvenate
under used areas of the existing car park, through incorporating a complementary use which can
not only support linked trips, but is also a strong enough brand that it can operate independently
of the superstore.
6.12. The proposed siting is such that it will minimise disruption to the existing car park operation and
minimal spaced will be lost.
6.13. In terms of hard and soft landscaping, the statement confirms that much of the existing soft
landscaping in the area will be removed to accommodate the proposed layout. Any new plants
will be of species to match the existing shrubs and areas of grass affected by the proposed
development will be reseeded once works are complete, although no new landscaping is
proposed.
6.14. In terms of materials to be used, the application of materials creates a clean and crisp façade.
Cladding panels form the base aesthetic, with timber providing accents and depth by breaking
up the glazed expanses. Areas of glazing with grey aluminium frames will provide views into and
out of the drive-thru coffee shop.
6.15. The proposed development is considered to be in accordance with the adopted local
development plan policies and in particular Section 12 of the NPPF.
Impact on Highways and Accessibility
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Morrisons, Lysander Road
6.16. The planning application is supported by a Transport Statement (TS), prepared by Bryan G Hall,
and submitted in support of the planning application.
6.17. Policy PSP11 confirms that new development should be located in accessible locations that are
appropriate, safe, accessible, convenient and attractive. Whereby commercial development is
located on safe, usable walking routes that are an appropriate distance to public services linking
to major settlements.
Access
6.18. The statement confirms that vehicular access to the proposed development will be the site
access will be retained with vehicles arriving via Lysander Road to the north and pedestrians
arriving via pedestrian access points on Lysander Road to the north and Merlin Road to the south.
6.19. It is proposed that servicing of the drive-thru coffee shop will take place within the car park along
the front of the proposed unit. The delivery route will be through the store car park. It is
anticipated that deliveries will take place outside of peak trading times where possible, i.e. in the
early morning when the car park will be quiet to minimise conflicts with customers.
6.20. Overall, in relation to accessibility, the statement concludes that the site is accessible by
sustainable modes such as walking, cycling and public transport, thereby helping to reduce
vehicular trips to and from the site and the associated impact on the local road network.
Accessibility
6.21. The existing Morrisons store is well-established and surrounded by a number of retail outlets
and employment uses. Access to the store and Petrol Filling Station is taken from the southern
arm of a four-arm priority-controlled roundabout with Lysander Road on the northern boundary
of the store. The northern approach to this roundabout provides access to a B&Q and Furniture
Village store.
6.22. Pedestrian access to the store is taken via existing footways on Lysander Road which run along
the northern boundary of the store car park. There are uncontrolled crossing points at each arm
of the Lysander Road roundabout which connect with the internal footways. A footpath is also
provided along the eastern boundary of the store between Lysander Road to the north and Merlin
Road to the south. There is a signalised pedestrian crossing across Merlin Road in the immediate
vicinity of the southern access point.
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Highways Impact
6.23. It has been demonstrated in the transport statement that of the total development generated
trips, 19 two-way trips during the weekday evening peak hour, 26 two-way trips during the
Saturday peak hour will be new to the network. This level of new vehicle trip generation would
not be considered as material; therefore, it has not been deemed necessary to undertake any
further assessment given that the remaining vehicle trips will visit the store as part of a pass-by
or linked trip.
Parking
6.24. The proposed development will result in the loss of 65 car parking spaces within the parking
provision for the store. Assuming that the percentage increase in trips to / from the store car
park (new and Passby trips) would lead to a corresponding percentage increase in the number of
cars parked, the proposed development would result in the peak occupancy of the car park
increasing from 143 vehicles to 161 vehicles during the Friday peak and from 195 vehicles to 230
during the Saturday peak. This represents a maximum car park occupancy of 48% (220/455) for
the reduced size car park and a total of 235 vacant spaces.
Summary
6.25. The statement concludes that there are no highways or transport related reasons why the
proposed development should not be granted planning approval.
6.26. The proposed development is considered to be in accordance with the Local Development Plan
policies and in particular Section 9 of the NPPF.
Drainage and Flooding
6.27. The application sites lies in Flood Zone 1 where there is low risk from flooding. The overall site
impermeable area is to remain as existing owing to the proposed development being sited upon
existing laid car parking in connection with the food store. On this basis, there is considered to
be no flooding risk of the site.
6.28. The surface water drainage for the proposed development will comprise of a piped surface water
drainage system to match the existing drainage system on site. The surface water drainage
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system will discharge unrestricted into the existing system as per current arrangements. On this
basis, the surface water drainage hierarchy is effectively unchanged.
6.29. The foul drainage for the proposed development will comprise of a piped drainage system to
match the existing drainage system on site. Which is to discharge unrestricted into the existing
system.
Planning Considerations Summary
6.30. In light of the preceding assessment, it is considered that that the proposed development
performs well when reviewed against the local and national planning policies which are set out
within Section 4 of this Planning Statement.
6.31. It is our view that the proposed development constitutes sustainable development. Accordingly,
there is a strong presumption in favour of the development and no material considerations have
been identified to outweigh this presumption. In this regard, and in line with advice contained at
paragraph 11 of the NPPF, it is considered that the application should be approved.
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Morrisons, Lysander Road
7.1. This Report comprises a Planning Statement prepared on behalf of our client, Trilogy
(Leamington Spa) Limited in support of a planning application and advertisement consent for the
construction of a drive thru coffee shop with associated adverts on land at Morrisons car park,
Lysander Road, Cribbs Causeway.
7.2. Section 2 confirms that the site is located within the identified Cribbs Causeway retail area, that
is an area in heavy commercial and retail use, with good public transport links, a lack of any
sensitivities or constraints and upon existing car parking and therefore regards as previously
developed land.
7.3. Section 3 confirms that the application seeks full planning permission and advertisement consent
for the erection of a new coffee shop with drive-thru facility with associated signage.
7.4. Section 4 confirms those policies in both the local adopted development plan and national
planning policy for which the proposed development should be assessed against. The main
considerations being the principle of the development outside of any defined centre.
7.5. Section 5 outlines the sequential assessment undertaken and confirms that none of the potential
sites considered are suitable and/or available for the proposed development. Given this, the
application site remains the most appropriate location. It is clear from Section 5 that the
proposal is fully compliant with the retail policies contained in the NPPF and South Gloucester
Local Development Plan and there are no retail grounds upon which to refuse the application.
7.6. Section 6 confirms that it is demonstrated that the proposed development performs well when
reviewed against the local and national planning policies which are set out within Section 4 of this
Planning Statement. The proposed development constitutes sustainable development.
Accordingly, there is a strong presumption in favour of the development and no material
considerations have been identified to outweigh this presumption. In this regard, and in line with
advice contained at paragraph 11 of the NPPF, it is considered that the application should be
approved.
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