Sainsburys Store, Mere Green Road, Sutton Coldfield, Birmingham, B75 5BT

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1 Committee Date: 7/0/013 Application Number: 013/04/PA Accepted: 1/04/013 Application Type: Variation of Condition Target Date: 1/07/013 Ward: Sutton Four Oaks Sainsburys Store, Mere Green Road, Sutton Coldfield, Birmingham, B7 BT Variation of condition number C1 attached to application number 1997/040/PA to allow deliveries and dispatches from the Main Service Delivery Area between the hours of 030 to 300 hours on Mondays to Saturdays and between the hours of 0830 to 100 on Sundays, Bank Holidays or Public Holidays. The collection of empty cages is only permitted between the hours of 030 to 100 Mondays to Saturdays and between the hours of 0830 to 100 on Sundays, Bank Holidays or Public Holidays Applicant: Agent: Recommendation Approve Subject To Conditions Sainsburys Supermarkets Ltd c/o Agent Turley Associates Savile Row, London, W1S ES 1. Proposal 1.1. Consent is sought to vary condition C1 attached to planning approval 1997/040/PA to extend the delivery hours to the main service delivery area which is located to the north-east of the Sainsbury's store in Mere Green on a permanent basis. The applicants are seeking a more flexible delivery regime to ensure the store is restocked prior to opening the following day and reduce traffic congestion on the site. 1.. The current permanent hours condition attached to 1997/040/PA states; No deliveries shall be taken at or dispatched from the premises outside the hours of 030 to 000 hours on Mondays to Saturdays, or outside the hours of 0830 to 100 hours on Sundays, Bank Holidays or Public Holidays Two temporary 1 year approvals for the variation of the above condition have been previously granted, the most recent on nd September 0 which stated; "No deliveries shall be taken at or dispatched from the Main Service Delivery Area outside the hours of 030 to 300 hours on Mondays to Saturdays, or outside the hours of 0830 to 100 hours on Sundays, Bank Holidays or Public Holidays. The collection of empty cages is permitted between the hours of 0830 to 100 Mondays to Saturdays and between the hours of 100 hours and 100 hours on Sundays, Bank Holidays or Public Holidays". Page 1 of

2 1.4. The applicants have submitted a Service Yard Noise Assessment in support of the application which surveyed an evening delivery and included new evening ambient noise readings during the temporarily permitted extended delivery hours. The survey concludes that the noise impact of the evening deliveries is acceptable and the same conclusion is also applied to Sunday afternoon deliveries.. Site & Surroundings.1. The application site comprises the Sainsbury s store situated along Mere Green Road behind the local shopping centre. The site contains the food store, associated car parking and the main service delivery area which has a separate access off Mere Green Road. The main service delivery area is partially enclosed is located to the north-east of the main store... The nearest residential accommodation comprises flats located in Farnborough Court, to the north-east with the nearest property approximately 3 metres from the boundary with the main service delivery area. There are 3 cottages along Mere Green Road, 30 metres to the east of the main service delivery area and directly to the rear of the store are residential properties in Cremorne Road. The properties in Cremorne Road have gardens of approximately 4 metres in length and the main service delivery area is screened from these properties by the enclosed part of the delivery area and existing trees and planting. 3. Planning History E/C/4788/47 Erection of a retail superstore with associated car parking, access and servicing on site fronting Mere Green Road. Condition states that There shall be no deliveries to or collections from the premises the subject of this permission at any time on Sundays or on any other day between the hours or 1900 and Approved /040/PA - Variation of Condition attached to N/0300/94/FUL to allow deliveries between 0830 hours to 1 noon on Sundays and variation of Conditions and 1 of E/C/4788/47 to permit deliveries between 030 hours and 000 hours weekdays and Saturdays and on Sunday opening between 1000 hours and 100 hours. Approved /0318/PA. - Variation of C1 attached to planning approval 1997/040/PA to extend delivery hours to the main service delivery area between 030 to 300 hours on Mondays to Saturdays, and between 0830 to 100 hours on Sundays, Bank Holidays or Public Holidays. The collection of empty cages is permitted between the hours of 0830 to 100 Mondays to Saturdays and between the hours of 100 hours and 100 hours on Sundays, Bank Holidays or Public Holidays. Approved for a 1 year temporary period /03/PA. - Variation of condition C1 attached to Planning Approval 1997/040/PA to extend hours for deliveries and dispatches to the main service delivery area between 030hrs & 300hrs Monday to Saturday and between 0830hrs & 100hrs on Sundays and Bank Holidays, collection of empty cages is only permitted between the hours of 030 & 100 Monday to Saturday and between the hours of 0830 & 100 on Sundays and Bank Holidays. Approved for a 1 year temporary period. Page of

3 4. Consultation/PP Responses 4.1. Transportation Development no objections. 4.. Regulatory Services (Pollution Control) - This department has not received any complaints regarding the temporary extensions to hours of use of main service delivery area. No objections to the hours proposed in the application Councillors, Residents Associations and nearby occupiers notified. 9 letters have been received objecting to the proposal on the following grounds; - Already disturbance from speeding lorries delivering to Sainsbury s, increase level of traffic. - Traffic speed should be reduced to 0 mph outside Mere Green School and Sainsbury s pay for triple glazing for residents. - Pavements are narrow and children use this as a route to school, they could be swept into the road by large vehicles. - Last year a lady was killed by speeding traffic and there are numerous accidents on Mere Green Road. - Sainsbury s continue to abuse conditions of planning permission, Sunday trading rules are ignored and they cause a public nuisance outside of restricted hours. - Acoustic fence has no acoustic properties. - Causes disturbance and lack of sleep as site not vacated until early hours and occupied hours later. - Unable to enjoy our garden in peace and there is disturbance to children s sleep. - Sainsbury s break regulations and delivery trucks park on Mere Green Road. - Rubbish enters gardens of adjacent flats and the street. - Noise from empty cages too loud and prevents lie- ins. - Problems from noise and lighting. - Increased noise late at night and early mornings, increased air pollution. - Lorries waiting on Mere Green Road adjacent to flats in Farnborough Court with engines running. - This is a residential area, many people live in close proximity and residents deserve a certain quality of life.. Policy Context.1. UDP (Adopted 00), Draft Birmingham Development Plan, NPPF (01).. Planning Considerations.1. Background.. Planning permission was originally granted for the erection of a new food store at the site in 1989 with a condition stating that there shall be no deliveries to or collections from the premises at any time on Sundays and on any other day only between 0700 and 1900 hours. These hours were varied in 1998 to extend the hours for deliveries to between 030 and 000 hours on Mondays to Saturdays and between 0830 and 100 hours on Sundays, Bank or Public Holidays..3. A 1 year temporary planning permission was granted in March 010 to extend the hours of use of the main service delivery area to between 030 and 300 hours Page 3 of

4 Mondays to Saturdays, and between 0830 to 100 hours on Sundays and Bank Holidays. This consent also introduced a restriction on the collection of empty cages to between 0830 to 100 hours on Mondays to Saturdays and 100 and 100 hours on Sundays and Bank Holidays. The approval was granted on condition a 3. metre acoustic fence was constructed along the rear boundary between the main service delivery area and the rear gardens of properties in Cremorne Road. This was completed in November A subsequent 1 year temporary planning permission was granted in September 0 to allow the use of the main service delivery area between 030 and 300 hours Monday to Saturday and between 0830 and 100 hours on Sundays and Bank Holidays. This temporary approval allowed the hours for the collection of empty cages to be extended to between 030 ( additional hours in the morning) and 100 hours Monday to Saturday and between the hours of 0830 (3 and a half additional hours in the morning) and 100 hours on Sundays and Bank Holidays... Policy.. Paragraph 13 of the NPPF states that planning policies and decisions should aim to avoid noise from giving rise to significant adverse impacts on health and life as a result of new developments and mitigate and reduce to a minimum other adverse impacts on health and quality of life arising from noise from new development, including through the use of conditions. It also states there is a need to recognise that development will often create some noise and existing businesses wanting to develop in continuance of their business should not have unreasonable restrictions put on them because of changes in nearby land uses since they were established..7. Residential Amenity.8. Regulatory Services (Pollution Control) have confirmed that they have received no direct noise complaints in relation to the operation of the main service delivery area since the temporary period for the extension of hours was first granted in March 010 and renewed in September 0. I note that objections have been received in relation to this application on the grounds of noise and disturbance generated by use of the main service delivery area from local residents..9. The applicants have submitted an up to date Noise Survey relating to the evening use of the main service delivery area and Regulatory Services (Pollution Control) agree with the findings of the survey that the noise impact of the evening deliveries is acceptable and the same conclusion is also applied to Sunday afternoon deliveries..10. Although the Sainsbury s store is close to residential properties in Farnborough Court and adjoins gardens of properties in Cremorne Road, it is within the Mere Green District Centre. The applicants have previously erected an acoustic barrier along the south-eastern boundary of the store with properties in Cremorne Road which have gardens approximately 4 metres in length. There is also existing planting along this boundary in the form of cypress trees and other vegetation and the gardens adjoin the covered element of the main service delivery area which provides substantial screening to the open area... The residential flats in Farnborough Court are the closest residential properties to the main service delivery area, the closest being 3 metres from the boundary. They do not directly adjoin the main service delivery area as there is a buffer area comprising trees and planting and a brick boundary wall as well as the covered Page 4 of

5 element of the main service delivery area acting as a screen. I do not consider the 3 cottages fronting Mere Green Road are likely to affected by noise and disturbance from the main service delivery are as they are screened from the delivery area by existing commercial properties..1.. I consider the collection of empty cages, although potentially more noise generating than normal deliveries, is an essential part of the servicing arrangements for a modern supermarket. Prior to the granting of the previous temporary permissions there was no restriction on the collection of empty cages other than the operating hours for the main service delivery area. This restriction was introduced on advice from Regulatory Services (Pollution Control) and the collection of empty cages would still cease at 100hrs Mondays to Saturdays ( hours earlier than the use of the main service delivery area) and 100hrs on Sundays and Bank holidays..13. Highways.14. I note comments made by local residents with regard to highway safety matters. Transportation Development have considered these comments and raise no objections to the proposal to permanently extend the hours of use of the main service delivery area..1. They consider that the extended hours has not changed the number of trips to the site significantly and also that the proposed extended hours are also mainly outside highway peak periods. Transportation Development conclude that the proposal is unlikely to have a significant impact with regards to highway safety and transportation matters and recommend that conditions are re-attached relating to delivery vehicle movements and all loading and unloading take place within the application site. 7. Conclusion 7.1. Given the above and the views of Regulatory Services and Transportation Development, I have no objection to the proposal to allow the extended hours for the use of the main service delivery area on a permanent basis 8. Recommendation 8.1. Approve Subject To Conditions. 1 Limits the hours of use of the Main Service Delivery Area Vehicle warning signals. 3 Delivery vehicle movements. 4 Loading and unloading within site. No open storage. No burning of waste/refuse. Page of

6 7 Sunday parking restriction. 8 Parking only. 9 Requires the scheme to be in accordance with the listed approved plans Reason for Approval 1 Birmingham City Council grants Planning Permission subject to the condition(s) listed below (if appropriate). The reason for granting permission is because the development is in accordance with: Policies 3.8, 3.10 and 3.14 of the Birmingham Unitary Development Plan 00; Places for All (001); and the National Planning Policy Framework. Case Officer: John Davies Page of

7 Bank Bank to FARNBOROUGH COURT 14 to 19 7to1 9 4 OAKS DRIVE 7 APPENDIX Club 1 N HILL VILLAGE ROAD 1 Garage Mere Green Combined School Tanks Works II St James's Church ST JAMES ROAD 14 Chapel El Sub Sta 1 Depot 13b Hall The 1 Tks Vicarage 7 Arthur House LB Farnborough to m Court MERE GREEN ROAD El Sub Sta 3 34 II 4 1 Carlton House Medical Centre Car Park Shelter Supermarket Car Park TCBs CREMORNE ROAD Library LICHFIELD ROAD El Sub Sta Ley Hill Recreation Ground 10.9m 88 8a Works Builder's Yard Bowling Green Tennis Courts 43a 43b a 0 to a to a 80 7 to a MERE DRIVE CREMORNE ROAD Garage 70 17a 1 A a 13 1a 1b 14 This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Surveyon behalf of the Controller of Her Majesty's Stationery Office Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.birmingham City Council. Licence No , 009 SCALE 1: m Sainsburys Store Mere Green Road Sutton Coldfield Birmingham B7 BT 013/04/PA This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Surveyon behalf of the Controller of Her Majesty's Stationery Office Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.birmingham City Council. Licence No , 009 Statutory Listed Building Locally Listed Buildings Conservation Area Neighbourhood Offices Site Boundary Site Location Development Directorate 1 Lancaster Circus Queensway Birmingham B JE. Date:/9/007 SCALE 1:000 Birmingham City Council