Removal of condition 17 (Delivery hours) of planning permission F/21/91821 for the use of existing retail unit as foodstore (Use Class E) with external building and layout alterations to include changes to car park.

1. The proposals fail to sufficiently demonstrate that the removal of the restriction on the hours during which deliveries can take place to and from the store would not result in an unacceptable impact upon the amenity of the occupiers of neighbouring residential properties by way of noise and disturbance. The application is therefore contrary to Policies DM1 and DM8 of the Eastleigh Borough Local Plan 2016-2036 and Paragraphs 135, 180 and 191 of the National Planning Policy Framework.
2. Note to Applicant: The application was refused following the assessment of the following plans: 200698-1000 Revision P3. In accordance with paragraph 38 of the National Planning Policy Framework (December 2023), Eastleigh Borough Council takes a positive approach to the handling of development proposals so as to achieve, whenever possible, a positive outcome and to ensure all proposals are dealt with in a timely manner.
3. APPEAL CONDITIONS
4. 1) The development hereby permitted shall be implemented in accordance with the following plans numbered: 200698-1000-P3, 200698-1050-P3, 200698-1300-P7, 200698-1301-P5, 200698-1500-P5. 2) No deliveries to or from the retail unit the subject of this permission shall be undertaken except between the hours of 0700 and 2200 Mondays to Saturdays or 0900 to 1700 on Sundays and Bank Holidays, until the acoustic fence as approved under planning permission F/24/98174 has been fully installed in accordance with the approved plans and details under that planning permission. Once erected, the approved acoustic fence shall thereafter be maintained for the lifetime of the development. 3) The approved Delivery Management Plan (Entran, October 2022) shall be adhered to in full for the lifetime of the development hereby permitted. 4) The areas for the parking of vehicles shall be permanently retained and reserved for that purpose at all times in accordance with the details as shown on approved drawing number 200698-1300-P7. As the original permission has been completed, it is not necessary to reimpose the conditions relating to timescale of implementation, external materials, construction environmental management plan, tree protection, construction hours and prevention of on-site burning during construction. Reimposition of an approved plans condition (condition 1) is however necessary, in the interests of clarity. This includes plans approved via a subsequent Non-Material Amendment application dated 11 April 2023. As the originally approved operational development has already been implemented, I have deleted reference to the preexisting floor plan, elevations and tree protection plan. Condition 2 is necessary as a Grampian condition in the interests of the living conditions of neighbouring residents. I have imposed it having regard to the PPG6 which sets out that in granting permission under Section 73, a new condition may be imposed provided it does not materially alter the development that was subject to the original permission and is a condition that could have been imposed on that original permission. This PPG advice is consistent with the relevant case law7 . Condition 3 is necessary in the interests of living conditions and highway safety. Condition 4 is necessary to ensure adequate on-site parking. Conditions 5 and 6 are necessary to support sustainable modes of travel. Condition 7 is necessary in the interests of living conditions and biodiversity. Condition 8 is necessary in the interests of living conditions of the occupiers of neighbouring residential properties. Conditions 9, 10 and 11 are necessary to control the retail impacts of the development. Conditions 12 and 13 are necessary in the interests of the living conditions of the occupiers of neighbouring residential properties. Conditions 14 and 15 are necessary to prevent pollution of the water environment.

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