Agenda item

Erection of a freestanding restaurant with drive-thru facility, car parking, landscaping and associated works, including Customer Order Displays (COD), Goal Post Height Restrictor and Play Frame

 

Land to the South of Swineshead Road and East of Wortley's Lane, Wyberton, Boston PE21 7JF

 

McDonald's Restaurants Ltd & Carta Real

 

Erection of a freestanding restaurant with drive-thru facility, car parking, landscaping and associated works, including Customer Order Displays (COD), Goal Post Height Restrictor and Play Frame

 

Land to the South of Swineshead Road and East of Wortley's Lane,            Wyberton, Boston PE21 7JF

 

McDonald's Restaurants Ltd & Carta Real

 

The Assistant Director - Planning presented the details of the application, as set out in the report.

 

The Chairman then invited registered speakers to address the Committee.

 

Mr P Thomas, the applicant’s senior acquisition surveyor, spoke in support of the application.  The applicant was committed to involvement in the local community and the proposal would bring significant economic benefits to the area including 65 jobs with staff training and development.  The company had a range of measures to encourage customers to dispose of waste responsibly and staff carried out regular litter patrols.  In addition, they were involved with initiatives to help communities tackle litter, such as the Big Boston Clean Up.  They had worked closely with Planning Officers to develop the proposal.  The access road would be suitable to feed into the proposed Distributor Road and the layout, design and parking provision were acceptable.  The transport assessment showed that traffic could be accommodated with no significant impact on the road network and had satisfied the Highways Authority. 

 

Councillor Richard Austin, the Ward Member, addressed the Committee and explained that he had called-in the proposals due to concerns raised by the parish council and local residents.  

 

Firstly, the litter generated by drive-through restaurants was a great public concern, which the applicant should take steps to reduce.  Secondly, additional traffic on a very busy road that had no footpath or cycle way for half a mile and was to be the access to large housing estates planned in the future.  The increased traffic would cause tailbacks on the A52.  Cycle ways depended on developer contributions and Councillor Austin urged the Committee to make this a condition of permission. 

 

Members then asked questions of the speakers, who answered as follows, in summary.

 

Mr Thomas stressed the applicant did not condone littering and continually worked actively to address the problem and improve education.  They gave customers as much choice as possible to dispose of litter responsibly. They had discussed the idea of stamping car registration numbers on packaging, but GDPR regulations had to be taken into account and proving a case, particularly when the wind could blow litter around, meant it would be difficult to prosecute.

 

[Members were advised this was not a planning matter.]

 

Councillor Austin believed that the queuing of traffic at the applicant’s other site in Boston had probably been resolved.

 

The Assistant Director - Planning advised Members that cycle and footway obligations had to relate directly to the impact of the proposed application site; in this case, the separation distance from that part of the road was too great.  In addition, the report set out the Highways Authority’s opinion, which had considered this point and had concluded that the proposal was acceptable without the provision of a cycle way or footpath. 

 

[The registered speakers left the meeting at this point.]

 

During debate, the economic benefits of the proposal were welcomed.  It would provide 65 jobs and a sustainable development with 48 parking spaces on site.  With respect to queuing traffic, 22 vehicles would be able to queue on site, which compared well with the company’s previous site in Boston.  It was a mixed-use area, the design was appropriate and Local Plan Policy 1 was satisfied.  It was recognised that the company did its best to address the problem of litter, but the company was not responsible for litter once customers had left the site. Consultees were satisfied with the proposal.

 

It was proposed by Councillor Jonathan Noble and seconded by Councillor Paul Skinner that planning permission be granted as recommended by the Planning Officers.

 

Vote: 11 for, 1 abstention

 

RESOLVED that planning permission be GRANTED as recommended, subject to the following conditions and reasons:

 

1.         The development hereby permitted shall be begun before the expiration of four years from the date of this permission.

 

Reason: Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.         The development hereby permitted shall be carried out in strict accordance with the application received 03-Nov-2020 and in accordance with the associated plans referenced:

§  Drawing Number 7489-SA-8675-AL01 B: Site Location Plan;

§  Drawing Number 7489-SA-8675-P102 D: Block Plan;

§  Drawing Number 7489-SA-8675-P104 F: Site Layout Plan As Proposed;

§  Drawing Number 7489-SA-8675-P105 B: Proposed Elevations and Section;

§  Drawing Number 17019-VL-McD_L01 Rev B: Landscape Plan;

§  Un-numbered Drawings: Goal Post Height Restrictor and COD/Canopy Digital Drive Thru Lane;

§  Un-numbered Drawings: Outdoor Climb 2017 Revision;

§  Un-numbered Drawings: Standard Patio Area Supporting Specifications; and

§  Drawing Number D-375612: Proposed Lighting Layout.

Reason: To ensure that the development is undertaken in accordance with the approved details, and to comply with Policies 2, 3, 4, 28, 29 and 36 of the South East Lincolnshire Local Plan 2011-2036.

 

3.         No development and/or clearance of the site shall take place until two further surveys have been undertaken to establish whether the site and the ditch to the north of the site are utilised by water voles and the results submitted to and approved in writing by the Local Planning Authority. The surveys shall take place during the optimum period for water voles activity (one between mid-April and June and the other between July and September, following water vole survey guidance).

 

If such a use is established, then no development shall take place until a comprehensive method statement indicating how water voles are to be safeguarded with appropriate mitigation measures have been submitted to and approved in writing by the Local Planning Authority.

 

The duly approved method statement shall be implemented in full accordance with the details, recommendations and timescales contained therein.  Any mitigation measures shall be fully implemented before clearance of any vegetation and subsequent development of the site and retained as such thereafter.

 

Reason: In the interests of protected species, and to accord with Policy 28 of the South East Lincolnshire Local Plan 2011-2036.

 

4.         No fixed plant and/or machinery shall come into operation until details of the fixed plant and machinery serving the development hereby permitted, and any mitigation measures to achieve this condition, are submitted to and approved in writing by the local planning authority. The rating level of the sound emitted from the site shall not exceed 45 dBA between 0700 and 2300 hours and 34 dBA at all other times. The sound levels shall be determined by measurement or calculation at the nearest residential premises. The measurements and assessment shall be made according to BS 4142:2014.

 

Reason: To ensure that noise levels from fixed plant and machinery do not exceed the existing background noise climate, in the interest of residential amenities, and to comply with Policies 2, 3 and 30 of the South East Lincolnshire Local Plan 2011-2036.

 

5.         The development hereby permitted shall be carried out in accordance with the Flood Risk Assessment dated 15 December 2020 (ref: MD4190159/KLJ/004) and the following mitigation measures detailed within it:

§    Finished floor levels to be set no lower than 2.75m AOD;

§    The availability of the upper level plant room platform to act as an emergency refuge; and

§    Flood resilience and resistance measures to be incorporated into the proposed development as stated.

 

The mitigation measures shall be fully implemented prior to occupation and subsequently remain in place.

 

Reason: To reduce the risk of flooding to the proposed development and future occupants, and to comply with Policy 4 of the South East Lincolnshire Local Plan 2011-2036.

 

6.       No development shall take place until the implementation of a programme of archaeological works in accordance with a Written Scheme of Investigation (WSI) which has been submitted to and approved in writing by the local planning authority. The WSI shall cover the following:

 

1.    A phased programme and methodology of site investigation and recording to include:

§   an archaeological evaluation; and

§(where merited by the evaluation results) targeted area excavation and monitoring and recording;

2.    A programme for post investigation assessment to include:

§  analysis of the site investigation records and finds; and

§production of a final report on the significance of the archaeological and historical interest represented;

3.    Provision for publication and dissemination of the analysis and report on the site investigation;

4.    Provision for archive deposition of the report, finds and records of the site investigation; and

5.    Nomination of a competent person or persons/organisation to undertake the works set out within the approved WSI.

 

Works shall then only be undertaken in accordance with the WSI and any associated recommendations therein.

 

Reason: To record and advance understanding of heritage assets to be lost and to make information about the archaeological heritage interest publicly accessible, in accordance with Policy 29 of the South East Lincolnshire Local Plan 2011-2036.

 

7.       Prior to the commencement of any other part of the development hereby permitted, full details of the proposed fourth arm of the existing A52/Westbridge Road roundabout and the associated access road to service the development shall be submitted to and agreed in writing by the Local Planning Authority. The fourth arm of the roundabout and the access road shall then be completed in accordance with the agreed details prior to the first use of the development.

 

Reason: In the interests of the safety and free passage of those using the adjacent public highway and of providing safe and suitable access to the permitted development, and to comply with Policy 2 of the South East Lincolnshire Local Plan.

 

8.       The development hereby permitted shall be carried out in accordance with the Requirements and Enhancements identified in the Ecological Risk Assessment table on pages 4-6 of the Preliminary Ecological Appraisal Report (Version 2/September 2020) with all measures implemented prior to first use of the development.

 

Reason: To ensure the development provides an overall net gain in biodiversity, in accordance with Policy 28 of the South East Lincolnshire Local Plan.

 

9.      If, during development, contamination not previously considered is identified, the local planning authority shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with the suspect contamination has been submitted to and agreed in writing with the local planning authority.

 

Reason: To ensure that all contamination within the site is dealt with, and to accord with Policy 30 of the South East Lincolnshire Local Plan 2011-2036.

 

10.    No above ground works shall take place until a scheme for the disposal of foul and surface water from the site has been submitted to and approved in writing by the Local Planning Authority. Unless otherwise agreed in writing with the Local Planning Authority, the scheme shall include:

 

(i)    Separate systems for the disposal of foul and surface water;

(ii)   Details of the rate of surface water discharge from the site to any soakaway, watercourse or sewer, including provisions to ensure that the post-development discharge rate does not exceed the pre-development rate (incorporating an appropriate allowance for climate change);

(iii) Details of any necessary flow attenuation measures, including the use of SUDS where appropriate; and

(iv) Details of how the scheme will be maintained and managed after completion.

 

The scheme shall be implemented in accordance with the duly approved details before the dwelling is first occupied, and shall be maintained and managed as such thereafter.

 

Reason: To ensure that the development is not at risk of flooding and does not increase flood risk elsewhere, and that adequate measures are put in place for the disposal of foul and surface water in accordance with the requirements of Policy 2 and 4 of the South East Lincolnshire Local Plan (2011- 2036).

 

INFORMATIVES

 

§  Cadent has a 273mm High Pressure gas pipeline close to the edge of the development application. It holds a deed of grant for a legal easement on this High Pressure gas pipeline and no development is permitted inside the easement without Cadent’s written permission. Cadent will need to be approached and liaised with before work commences as it may have pipeline protection measures that need to be adhered to.

§  The Environment Agency advises that a Flood Warning and Evacuation Plan is produced for the development in order to address the residual risks of flooding at the site and to confirm the approach that will be taken for safe evacuation of the area.

§  The Environment Agency supports the suggestion in the FRA that future occupants sign up to Floodline Warnings Direct to receive advance warning of flooding. This can be done online at https://www.gov.uk/sign-up-for-flood-warnings or by phoning Floodline Warnings Direct on 0345 988 1188.

§  The Black Sluice Internal Drainage Board indicates that:

 

Rainfall runoff:

§  The prior written consent of the Board will be required for the proposed discharge of surface water from the development into an adjacent watercourse (and, where possible, discharges should be limited to 1.4ltrs/sec/Ha.);

§  It is understood that the development’s proposed drainage system will also receive surface water from the adjacent link road, albeit on a temporary basis. If this is the case, the applicant must declare the additional impermeable area to be drained within any application to the Board;

§  All drainage routes through the site should be maintained both during the works and after completion of the works. Provisions should be made to ensure that upstream and downstream riparian owners and those areas that ae presently served by any drainage routes passing through or adjacent to the site are not adversely affected by the development;

§  Consideration must be given to the route downstream of the site from the discharge point to an appropriately maintained watercourse. The applicant will be expected to carry out off-site works or increased maintenance  required to safeguard the site discharge for the life of the development, including any necessary maintenance to any adjacent piped culverts along the route of flow;

§  A permanent undeveloped strip (of sufficient width to allow future maintenance work) must be created adjacent to the top of the bank of all watercourses bounding the development;

 

Discharge Outfalls

§  If the proposed surface water discharge outfall is into an adjacent watercourse, prior written consent will be required from the Board for any structures placed in the bank as per Section 23 of the Land Drainage Act 1991;

 

Filling in or Culverting Watercourses

§  The ownership and maintenance of watercourses within the applicant’s land registry boundaries  (including any existing piped culverts or other structures within the confines of the watercourses) lies with the applicant and their successors;

If the applicant intends to install new piped structures within watercourses, the prior written consent of the Board is required under Section 23 of the Land Drainage Act 1991.