Agenda item

Gates Nurseries And Garden Centre, Somerby Road, Cold Overton

Applicant:     Mr Nigel Gates

 

Location:      Gates Nurseries And Garden Centre, Somerby Road, Cold Overton

 

Proposal:      Proposed Retail Unit with Offices above

 

(a)       The Applications and Advice Manager (LP) stated that: There are updates to the report, since the report has been published, two additional comments have been received one letter supporting the application, stating that a real farm shop within working distance of the many elderly residents in Cold Overton will be a big positive.  The ability to source bread, milk and local produce without having to drive to Oakham will be significant for many residents.  Whilst I am aware of the beeping referred to by others, this is the same for every other delivery van and oil tanker that service the houses in the village and operations cease at around 5.30pm daily. 

In addition a further objection has been received stating that the proposal will increase traffic leading to erosion of the local tranquillity and posing a risk to young children living at the property, increased fork lift truck activing with intrusive noise which is present from 7:30am to 7pm the extension will result in more noise which prevents using the garden on weekends to its intrusive nature.  Also the two storey building will affect the view from the back of the house by projecting above the natural horizon and will be overlooking the back of the house.  Flood lights are often left on around the property this has two effects of causing light pollution at night but also affects night time driving by mimicking on-coming car headlights and effecting visibility due to “dazzle” effect. The new property will presumably also have floodlights.  These factors will affect the natural beauty of the area, increase the risk to pedestrian traffic and reduce the value of properties.

Both of these letters raise points that have been addressed within the committee report.

The agent has also contacted me with regards to condition 7 of the report stating that the condition would undermine the viability of the shop because there will be a lack of variety of products available within the arbitrary catchment imposed.  As stated the application documents, it is the intention of the applicant to sell locally sourced meat, food and drink products, but he has to look beyond a 25 mile radius to obtain the range of products necessary to satisfy his customer demands.  Furthermore the applicant requires the ability to change the stock in response to changing markets.  Continually seeking written agreement on updated produce lists to sell is not a reasonable or viable option.

Should members resolve to approve the application they should consider the existing wording of condition 7 and amend should they wish.

That is the end of the updates.

The application seeks permission for the introduction of a new retail unit with offices above, the ground floor would be used for the retailing of locally sourced meats, food products and drinks, the first floor would be used for office accommodation of new administrative staff.

The proposal is considered to represent a departure from the local plan policies in that it cannot be described as small scale however supporting economic growth is in accordance with national planning policy (NPPF) and not other material considerations indicate it should depart from this. 

As such the application is recommended for approval as set out in the report

 

(b) Cllr Richard Bates, on behalf of Knossington & Cold Overton Parish Council, was invited to speak and stated that: he had concerns regarding the following –

• Adequate screening
• Closure of the former exit gateway
• Measures undertaken to not increase the noise of forklifts as forklift truck noise is not a new issue. Since first raised with MBC in 2011, there has been a major expansion.
• Depends on location of houses and what barrier they have. Neighbour who is protected by the church wall is not affected.
• Noise can be heard as far away as Knossington when carried on the wind.
• Request forklift truck use be restricted to week days only and only until 12pm.

 

A Member asked for clarification regarding the mentioned gateway.

 

Cllr Bates  responded that it was the previous gateway but has now superseded. It was part of a previous approval.

 

A Member noted that it is the law for forklift to have a warning noise on them for health and safety reasons.

 

Cllr Bates responded that the noise penetrates through the church walls and that use should be restricted.

 

(c)  Mrs Aruna Garcea, on behalf of the objectors, was invited to speak and stated that:

• Lives directly opposite the nursery.
• Whole of our back garden will be facing the development. Only 2 or 3 car lengths away.
• Loss of privacy.
• Noise affects how we use our garden and it can also be difficult in the kitchen.
• Unable to work from home due to noise.
• Noise starts from 7.30am in the morning.
• Also can hear business traffic, such as JCB’s turning.
• Concerned there will be increased traffic due to deliveries of perishable goods.
• Impacting on our ability to use our house and ability to work from home.

 

A Member asked if they had approached Gates directly.

Mrs Garcea responded that they had not contacted them directly but had been trying to collate objective data and had tried to record the noise. We were hoping things would change.

 

(d) Mr J Smith, on behalf of the supporters, was invited to speak and stated that:

• Resident of Cold Overton for 4 years. Almost as close to Gates as previous speaker.
• Gates is our only village amenity.
• Gates are supportive of the village fete.
• Addition of a retail store selling food products would be ideal.
• Doubt traffic increase will be enough to cause problems as people will most likely be visiting anyway.
• Admit there is a noise issue but the proposal will create a large physical structure and is likely to obstruct the noise more.

 

A Member noted that a bund could help reduce noise.

 

(e)      Maurice Fairhurst, agent for the applicant, was invited to speak and stated that:

• The proposal benefits the village and wider borough.
• Popular rural business, employing over 100 people.
• Important contribution to local rural economy.
• Attraction for local people and visitors.
• No significant adverse impacts on the village. The benefits outweigh the harm.
• Improved office space on the first floor of the building.
• Greater economic benefits - Increase in business efficiency. Enhance security of jobs and create 9 new jobs.
• Outlet for local farmers and food/drink producers.
• Proposing to close the existing exit road.
• Environmental benefits - Evergreen landscaping and heavy tree/shrub screen.
• Existing site contours and degree of cut will allow building floor level to be below carriageway, ridge will be below existing building next to proposal.
• No objections from consultees or highways.
• In accordance with policy regarding economic development to ensure viability of existing rural businesses.

 

A Member asked why the existing exit had not been closed off when it is a condition of an existing approval.

 

Mr Fairhurst responded that it had not been completed because the programme of doing so would not align with other permissions allowed. It is firmly within the applicants intentions and they will accept a condition to ensure it is done early.

 

A Member asked if the applicants were aware of the residents noise concerns.

 

Mr Fairhurst responded that it could be looked in to.  Siting of the building has been considered but would be difficult to change.  Due to its position it will act as a barrier to noise. The noise had been investigated by an environmental health officer, who at the time felt that the noise impact was not a statutory nuisance and did not recommend any further action. Environmental health could look at it again. Concerns will be taken back to the applicant and they will do all they can to rectify the issues.

 

Members asked for the figures regarding increased vehicle movements and deliveries.

 

Mr Fairhurst was unable to provide exact figures but confirmed that there would be no deliveries through the night.

 

A Member asked if the applicant would be looking to remove condition 7 should Members decide to permit.

 

Mr Fairhurst confirmed they would prefer complete removal but would consider an alternative.

 

(f)        Cllr Higgins, Ward Councillor for Somerby, was invited to speak and stated that: Cllr Higgins was unable to attend the meeting but had asked the Chair to read out the following statement:

 

Gates’ Garden Centre is the largest employer in the Somerby Ward and a significant employer and retailer within the Borough.  The business currently employs over 114 people, being 71 Full Time Equivalent staff and has a payroll of nearly £1.4m.  This application I feel speaks for itself but I do have a concern over condition seven which I would like you to consider very carefully of putting any overbearing conditions on the business as it needs to be proportionate.  I have not been advised why such condition is warranted and I request the officer provide this guidance, and any necessary amendment to that condition which may be seen fit,  to you tonight.

I have not been made aware or noticed any overspill of customer cars parked on the highway as the current car park seems to accommodate the level of customer adequately.

While, to date, there are two objections to the application who raise concerns of the expansion of the business and excessive noise I feel the officer report provides reasonable guidance, however I will impress on the business those concerns to ensure they are aware of them and, if necessary, take appropriate action.  You should consider their concerns, within the planning balance, in your deliberations but that of also the supporting voice for the application from within the village.

There is also some level of passive support for the business namely due to the number of Ward residents who use the garden centre with its many offerings and there are a good level of Ward residents who are employed by Gates’ currently and in the past.  There are policies which are there to encourage the growth of rural enterprises and with the Government looking to hand Councils the retention of business rates we should be ensuring support for our local businesses as Government policy is encouraging us to do.  While strictly Business Rate Retention is not a Planning reason, there are significant planning reasons to permit the application due to the economic benefits this scheme is intending to bring to the area.

 

Cllr Chandler proposed to permit the application with the condition that all food produce was to be UK produced.

 

Cllr Botterill seconded the proposal.

 

A Member suggested that the produce emphasis should be local, then regional and then UK but felt that other countries produce should be allowed.

Another Member agreed with the need to support the British farmers but felt that 20% from anywhere else to allow for more exotic things would be more reasonable.

 

Cllr Chandler did not wish to amend her proposal.

 

A Member raised concerns regarding the exit and suggested that this be conditioned.

 

It was confirmed that this will be dealt with by enforcement.

 

A Member noted that the applicant could apply for a variation of condition at any time.

 

A vote was taken. 7 Members voted in favour to permit and 2 Members voted against.

 

Determination: PERMIT, subject to:

(ii)        Conditions, as set out in the report

(iii)       the variation of condition 7 that all goods displayed for sale must be of UK origin.

 

REASON: The proposal is considered to represent a departure from the local plan policies in that it cannot be described as ‘small scale’ however supporting economic growth is in accordance with national planning policy (NPPF) and no other material considerations indicate it should depart from this.

As stated within the recently submitted new Melton Local Plan, Melton Mowbray is England’s “Rural Capital of Food” and whilst Melton’s food and drink specialism provides bespoke opportunities and a degree of local resilience, the proposed retail unit would at ground floor be used for the retailing of locally sourced meats, food products and drinks.

In conclusion it is considered that, on balance of the issues, there are therefore significant benefits accruing from the proposal when assessed as required under the guidance in the NPPF in terms of boosting the rural economy.  Applying the ‘test’ required by the NPPF that permission should be granted unless the impacts would “significantly and demonstrably” outweigh the benefits.  Taking into account the proposed retail and office unit would be an expansion to the existing business and provided income to support and increase the sale of locally sourced products, it is considered that permission should be approved.