Erection of a new three pump (six filling position) Petrol Filling Station (PFS) and associated works
Officers presented the report and outlined the application for the construction of an automatic (un-manned) petrol filling station (“PFS”) on land situated parallel with Union Street and currently forming part of the Asda car park accessed from Jinnah Road. Members were referred to the additional comments on the Update Report and the amendments to the proposed conditions. The proposal would result in the loss of 50 car parking spaces and the PFS would only be permitted to trade during the existing trading hours of the Asda store (Condition 4 on page 5 of the Update Report). There had been no objections to the scheme from the statutory consultees including the petroleum safety officer with regard to safety issues or Worcestershire Regulatory Services with regard to noise, light pollution or contaminated land.
At the invitation of the Chair the following speakers addressed the committee under the Council’s Public Speaking Rules:-
The first four speakers who were opposed to the application raised various issues including choice of location close to residential properties, concerns over noise and light pollution and current problems being experienced by residents with regard to anti-social behaviour on the car park. Although Asda had been required by a planning condition on an earlier application to provide a barrier to the car park to prevent nuisance use when the store was closed, no barrier had been installed.
The agent and applicant responded to a number of questions from Members and in doing so confirmed that:-
· The PFS would not be manned and staff from the store would deal with deliveries which would take place three times a week.
· The type of equipment being installed was standard to Asda and other operators and complied with all the relevant safety measures, with the whole operation being subject to very strict regulations.
· There were no plans to employ overnight security staff, although there would be staff working in the store when it was closed.
· That Asda had not been able to comply with the previous planning condition to install a barrier as the western part of the site where the barrier was to be located was in the control of a different land owner. Following discussions with the land owner it had not been possible establish a solution. Asda had therefore undertaken further negotiations with the planning authority and subject to those negotiations was intending to introduce alternative mitigation measures to address anti-social behaviour on the site and out of hours access. Specific details of the mitigation measures could not be disclosed pending the outcome of the negotiations.
In debating the application the Members referred to a number of issues raised during public speaking including in particular the reported problems of anti-social behaviour and the implications of the barrier not having been installed as required under the conditions of the earlier application. It was noted that the Police Crime Risk Manager had not raised an objection although Members considered that issues at the site were perhaps being under reported.
A motion was moved and seconded that the application be approved subject to an additional condition that officers be given delegated powers to agree or reject a car park management agreement to address anti-social behaviour issues.
On that motion being put to the vote it was lost.
There was further debate regarding safety issues and concerns about use of the car park out of hours leading to anti-social behaviour. A motion was moved and seconded that the application be deferred.
Consideration of Application 2019/01121/FUL be deferred for Members to be provided with more information on the proposals to be introduced to mitigate anti-social behaviour.