Agenda item

Members considered the following planning application report:-

Oral representations were received from Mr David Roach, agent acting on behalf of the applicant.  Mr Roach submitted the following points in support of the application:-

·  There was a demand for modern retail units in Orpington.

·  The proposal comprised well-known family chain restaurants.

·  Existing walnut trees would be replaced.

·  Improvements would be made to the open air market.

·  The scheme would be completed by the end of 2013.

·  The proposal was a unique opportunity for employment and regeneration of the area.

In response to questions from Members, Mr Roach stated that discussions had taken place with high quality restaurants and stores who had shown interest in opening units at the site should planning permission be granted.

There were current issues with root growth from the two existing walnut trees and there was no alternative location for them to be moved to.  As both were classified Category C trees, they would be removed and replaced with two mature trees.

The Chief Planner reported that Highways had suggested the addition of a standard condition relating to a Car Park Management Plan to secure extended opening hours for the Walnuts car park and a further condition relating to a Construction Management Plan.

English Heritage recommended the approval of the archaeological report and the imposition of a condition.

The Principal Tree Officer had suggested that provision would need to be made for the replacement of the two sycamore trees at the rear of the site.

Members noted that a separate application had been submitted for the demolition of Crown House and for this reason, the description of the current application had been amended to omit the wording 'Demolition of Crown House and'.

The application had been amended by plans received on 18 September 2012 showing an escape stair enclosure on the western elevation at full height (to correspond with floor plans originally submitted).

Should the application be granted, the following additional conditions were suggested:-

Details of a scheme for the management of the car park shall be submitted to and approved in writing by the Local Planning Authority before any part of the development is first occupied and the car park shall be operated in accordance with the approved scheme at all times unless previously agreed in writing by the Authority.

Reason: In order to comply with Policy T3 of the Unitary Development Plan and to avoid development without adequate parking or garage provision, which is likely to lead to parking inconvenient to other road users and would be detrimental to amenities and prejudicial to road safety.

Prior to the commencement of the development hereby permitted a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority.  The Plan shall include measures of how construction traffic can access the site safely and how potential traffic conflicts can be minimised; the route construction traffic shall follow for arriving at and leaving the site and the hours of operation, but shall not be limited to these. The Construction Management Plan shall be implemented in accordance with the agreed timescale and details.

Reason: In order to comply with Policy T5, T6, T7, T15, T16 & T18 of the Unitary Development Plan and in the interest of the amenities of the adjacent properties.

The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans approved under this planning permission unless previously agreed in writing by the Local Planning Authority. 

Reason: In order to comply with Policy BE1 of the Unitary Development Plan and in the interest of the appearance of the building and the visual amenities of the area.

No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme for investigation which has been submitted by the applicant and approved by the Local Planning Authority.  The development shall only take place in accordance with the detailed scheme pursuant to this condition.  The archaeological works shall be carried out by a suitably qualified investigating body acceptable to the Local Planning Authority.

Reason: In order to safeguard the archaeological interest of the site.

INFORMATIVE

The development of this site is likely to damage archaeological remains.  The applicant should therefore submit detailed proposals in the form of an archaeological project design.  The design should be in accordance with appropriate English Heritage guidelines.

Condition K09 to be deleted.

The Secured by Design condition be amended to read as follows:-

'The development hereby permitted shall incorporate measures to minimise the risk of crime and to meet the specific needs of the application site and the development.  Details of these measures shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the development hereby permitted and implemented in accordance with the approved details.  The security measures to be implemented in compliance with this condition shall achieve the "Secured by Design" accreditation awarded by the Metropolitan Police'.

Reason: In the interest of security and crime prevention and to accord with Policy BE1 of the Unitary Development Plan.

Condition 12 to be amended to read:-

'At any time the noise level from any plant (including ventilation, extraction and air conditioning plant) in terms of dB(A) shall be 5 decibels below the relevant minimum background noise level (LA90 15mins) measured at the nearest noise-sensitive building, unless previously agreed in writing by or on behalf of the Local Planning Authority.  If the plant has a distinctive tonal or intermittent nature the predicted noise level of the plant shall be increased by a further 5dBA.  (Thus if the predicted noise level is 40dB(A) from the plant alone, and the plant has a tonal nature, the 40dB(A) shall be increased to 45dB(A) for comparison with the background level.  Also the L90 spectra can be used to help determine whether the plant will be perceived as tonal).

Reason: In the interests of the amenities of neighbouring properties and in order to comply with Policy 7.15 of the London Plan.

Councillor Huntington-Thresher welcomed the establishment of a cinema in Orpington and commented on the good balance proposed between retail and A3 restaurant use.  He was pleased to note that the walnut trees would be replaced with better specimens.  Councillor Huntington-Thresher moved for approval of the application.

Councillor Fawthrop seconded the motion for approval of what he considered to be an excellent application.  He was assured that as the development was not visible from the War Memorial it would not be necessary for a condition concerning opening hours on Remembrance Sunday to be imposed.

It was the general consensus of Members that the application would increase footfall to Orpington and enhance the attractiveness and vibrancy of the area.

Following a unanimous vote, Members RESOLVED that permission be GRANTED as recommended, subject to the conditions and informatives set out in the report of the Chief Planner and subject to the addition and deletion of conditions as reported above.