COMMITTEE:

DEVELOPMENT CONTROL BOARD

   

DATE:

14th December 2000

   

REPORT OF:

HEAD OF PLANNING

   

E/01977

OUTLINE

Date of Registration

20 Jan 2000

SUPERMARKET (A1), CAR PARKING, NEW ACCESS AND LANDSCAPING AT: LAND BETWEEN COUNTY PRIMARY SCHOOL, AND NO 16, RHOSMAEN STREET, LLANDEILO, CARMS.

   

FOR:

RETAIL DEVELOPMENTS LTD

 

26 THE COURTYARD

 

WOODLANDS

 

BRADLEY STOKE

 

BRISTOL BS32 4NH

   

AGENT:

BRYAN SMITH ASSOCIATES

 

33 THE DELL

 

BRISTOL

 

BS9 3UE

   
   

ELECTORAL WARD:

CASTLE

   

COMMUNITY/TOWN COUNCIL:

LLANDEILO

   

CONTACT OFFICER:

G T NOAKES 01558 825301

CONSULTATIONS

Roads - Confirm that there is no objection to the T-junction access arrangement and visibilities indicated in the amended plans received on 16th November 2000.

Hydrology - Comment that surface water from the developmnt should not be disposed of into the existing foul water system.

Community Council - No objections 'provided that there is a legal agreement to ensure access to the schools ...'

Local Member - Councillor Ieuan Jones offers no objection to the application.

Environment Strategy - The mode of surface water disposal is to be agreed with the Land Drainage Section.

Forward Planning Manager - Comments that the application falls to be considered in the context of Policy S1 of the Dyfed Structure Plan (including Alterations No.1) and Policies DLPR2 and DLPR3 of the Dinefwr Local Plan.

Environment Agency - Conditional approval - conditions 13 and 14 refer.

Welsh Water - No response to date.

Head of Legal & Asset Management - No response to date.

Environmental Health - No objection.

Neighbours/Public - In addition to public notices in the local press and on site, twenty-one neighbour notification letters were forwarded. In reply, 4 letters of general observations and 2 of objection were received. A letter of objection from planning consultants on behalf of Lidl UK, the applicants in a pending application for full planning permission at an application site located further along the western flank of Rhosmaen Street, adjacent to house number 2.

A letter of objection from Mr G.P. Kiley of CK Supermarkets that includes 26 further letters of objection of identical typed text, although 2 have been modified in handwriting, signed by 'business people from Llandeilo'. A typical copy of the 26 letters is appended herewith.

RELEVANT PLANNING HISTORY

E/1836 - Residential Development (Renewal) 01.12.99

E/00221 - Residential Development (Renewal) 22.11.96

383/94 - Residential Development 20.10.94

THE APPLICATION

Outline planning permission is sought for the construction of a supermarket, car parking and landscaping at a broadly rectangular application site located between Ysgol Teilo Sant and Peelweld, Rhosmaen Street, Llandeilo. Approval is sought at this outline stage in respect of the siting of the proposed building and the means of access to serve the development.

The application proposes a 946 m.sq. supermarket building to be located centrally within the plot, adjacent to the northern (Peelweld) boundary, with 88 car parking spaces distributed to the front, side, and rear of the store. Delivery vehicles would serve the rear of the store.

Vehicular access to the proposed development would be by means of a T-junction onto Rhosmaen Street. That T-junction arrangement having recently superceded earlier roundabout proposals that were unacceptable to the National Assembly for Wales, Trunk Road Agency. The required visibility splay would necessitate the realignment of part of the front boundary wall of Ysgol Teilo Sant.

The application includes the provision of a pedestrian link at the rear of the site from the store car park to both Ysgol Teilo Sant and the Llandeilo County Primary School.

THE SITE

The green field application site has a road frontage, delineated by a post and wire fence, of 45m, gently inclining over a length of 100m to a deciduous, mixed species hedgerow along the rear boundary. The side boundaries of the land are defined by a recently reconstructed stone retaining wall to the Ysgol Teilo Sant, on the southern, boundary with a post and wire fence to the north.

The application site is located within the overall Development Limits for Llandeilo as defined in the Dinefwr Local Plan, however, it is situated beyond the defined Central Area for retail purposes that extends along this side of Rhosmaen Street to include the Llandeilo Builders Supplies premises. The application site is some 210m from that retail outlet.

Having regard to the terminology in respect of the hierarchy of retail planning application sites as detailed in Planning Guidance (Wales), Technical Advice Note 4, the application site can be described as an 'edge of centre' location, ie within 200m-300m of the existing town centre shops.

Although the application site is not allocated for any specific land use in the Dinefwr Local Plan, the land enjoys the benefit of an extant Outline Planning Permission in respect of residential development.

PLANNING POLICY

In terms of relevant Development Plan policy the principle of siting a retail foodstore at this location needs to be set against the following policies.

Dyfed Structure Plan (including Alterations No.1) Policy S1 provides:

'It is the policy of the County Council that there will be a general presumption in favour of proposals for new shopping developments to take place in or immediately adjacent to existing shopping centres providing they do not create any significant transport, amenity, local planning or public service provision objections'.

Whilst the policies of the Adopted Dinefwr Local Plan provide as follows:

DLPR1 - The Council will permit retail development of an appropriate scale within the Development Limits of all recognised settlements of the Local Plan Area.

DLPR2 - Proposals for retail development which sustain and enhance the vitality, attractiveness and viability of the town centre of Ammanford, Llandeilo, Llandovery will be permitted.

DLPR3 - Major edge of centre and out of centre development will not be permitted except where:

(I) it would not, directly or when considered together with any other committed schemes which are likely to be developed, undermine the vitality, attractiveness and viability of the town centres of Ammanford, Llandeilo and Llandovery;

(II) a sequential approach to the consideration of sites can be demonstrated;

(III) it would be well related to the main road network;

(IV) it would not give rise to unacceptable vehicular and/or pedestrian traffic conditions;

(V) it would not lead to unacceptable increases in private car journeys.

APPRAISAL

The proposal broadly complies with Dyfed Structure Plan (including Alterations No.1) Policy S1 and Dinefwr Local Plan Policy DLPR1 in terms of its location being within the development limits for Llandeilo.

In terms of Policy DLPR2 and the criterion specified at DLPR3 in relation to the affect the scheme would have on the vitality, attractiveness and viability of Llandeilo town centre, the applicant has submitted a Retail Assessment in which it is acknowledged that whilst there would be an impact on the town centre, it would be within acceptable parameters. The Development Plan Officer confirms that the affect of the proposal on the vitality, viability and diversity of the town must be matters for consideration.

Although the Authority have a second application, for full planning permission, in respect of retail development along Rhosmaen Street pending, there are currently, however, no other committed schemes which would contribute to the diminution of Llandeilo's attraction. Within the appraisal the applicant has demonstrated a sequential approach has been adopted to investigate potential alternative sites which are closer to the town centre or more appropriate. That sequential investigation concluded that the 'only site that might remotely satisfy the requirements for modern food retail operators ...' is that of the existing Llandeilo Builders Supplies store and yard in Rhosmaen Street. The loss of that existing business in favour of a new retail development would, on balance, be detrimental to the vitality and viability of the town centre. There is consequently no alternative site available closer to the Central Area of Llandeilo.

With regard to Criterion (III) in terms of its position on the Trunk Road, it is clearly well related to the main road network; in terms of (IV) the design of the access arrangements to proposal site are considered acceptable by the Trunk Road Agency in terms of road safety; whilst in terms of (V) it would be difficult to argue against, but on the positive side of the close proximity to the town centre means that it is within walking distance for those shoppers who live within Llandeilo should they choose to walk.

In terms of the principle of siting a retail foodstore therefore, the locational criteria specified in the individual policies have been met.

To address the concerns received in third party representations; the Head of Highways offers no objection to the application with regard to the highway safety implications raised in the two letters received from local residents.

The proprietor of CK Supermarkets, supported by 26 other Llandeilo business proprietors, express concern with regard to the impact that any new retail develpoment would have on the existing town centre. It is noted that the Llandeilo Fawr Chamber of Trade have withdrawn their objection to the application.

Chapman Warren, on behalf of Lidl UK, submit a number of observations that largely relate to the location and configuration of the application site. The submitted site layout drawing indicates that a store of the relevant dimensions, together with surface level parking for 88 cars, including 4 disabled spaces, cycle stands and a delivery service area can be successfully accommodated within the application site area.

National planning guidance, reflected locally in the Dinefwr Local Plan, dictates that the Local Planning Authority shall adopt a sequential approach when determining such retail development proposals. As there is no appropriate town centre location available then the second preferred option is an edge-of- centre location as proposed in the current application. There appears to be no alternative edge-of-centre location closer to the Central Area of Llandeilo than that proposed in the application.

The location of the proposed store centrally within the application site, amid a cluster of existing large buildings would result in a form of development that is not unduly prominent within the street scene. In terms of sustainable development the application site has an acceptable inter-relationship with both the existing nearby residential areas of Llandeilo and that land immediately to the rear of the application site that is allocated for residential development in the Dinefwr Local Plan. This inter-relationship could be further enhanced with the future provision of a pedestrian route to the rear of the schools to Heol y Garreglas along with a direct pedestrian access to the housing land to the rear.

Whilst the effects of a major retail development on existing individual retailers is not a planning consideration, it is inevitable that the opening of a new store would have an impact on the two existing supermarkets. This impact would be proportionally received by each with the customer benefitting from the improved choice and lower prices that may flow from the competition provided by any new retailer.

It seems reasonable to assume that people from within the 'catchment area' would choose to undertake their bulk food shop at the nearest store providing the moderns they desire rather than take their trade to distant towns. Some of these shoppers would, of course, do a one stop shopping trip to the new store contributing nothing to the trade and activity of the town centre. However, Llandeilo is considered to be the natural focal point for the surrounding area with a range of individual shops and services to attract shoppers from the proposed store.

Given the site's proximity to the main shopping street it can be realistically anticipated that there would be an inclination for the shoppers to utilise the proposed store to make a spin off trip to the town centre.

The application is therefore considered to be acceptable in planning policy terms and it is recommended that Outline Planning Permission is granted.

RECOMMENDATION -

APPROVAL

CONDITIONS

1. Application for approval of reserved matters must be made to the Local Planning Authority before the expiration of three years from the date of this permission, and the development must be commenced not later than whichever is the later of the following:-

2. The permission now granted is an outline permission only, within the meaning of the Town and Country Planning (General Development Procedure) Order 1995.

3. The permission now granted relates to the land defined by the amended 1:1250 scale plan received on 16th November 2000.

4. Development shall not commence until detailed plans of the design, external appearance, and landscaping of the development, have been submitted and received the written approval of the Local Planning Authority.

5. The access and visibility splays shall be strictly in accordance with the details indicated on the 1:500 scale drawing, number SK1512.04 received on 16th November 2000, and shall be wholly provided prior to the commencement of any other part of the development.

6. There shall be no growth or obstruction to visibility over 0.6m above the adjacent carriageway crown within the visibility splays detailed on the 1:500 scale drawing, number SK15.12.04 received on 16th November 2000.

7. The siting of the supermarket shall be strictly in accordance with the details indicated on the amended 1:500 Site Layout Drawing, number 4813/A/102 Revision C, received on 17th October 2000.

8. The application for the Approval or Reserved Matters shall include:

9. The supermarket shall not be brought into use until the pedestrian link at the rear of the application site to the neighbouring schools has been completed to the written approval of the Local Planning Authority.

10. No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping for the entire site which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained together with measures for their protection during the course of development.

11. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in first planting and seeding season following the completion of the development and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variations.

12. No surface water from the development shall be permitted to enter into the existing public foul water drainage system.

13. No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water regulation system has been approved by and implemented to the reasonable satisfaction of the Local Planning Authority.

14. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor.

15. No deliveries shall be taken at the supermarket during the hours of 0800-0930 hours and 1430-1600 on Mondays to Fridays.

REASONS

1-2. Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

3. In the interests of visual amenity.

4. Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

5-6. In the interests of highway safety.

7. In the interests of visual amenity.

8. In the interests of visual amenity and to ensure the provision of an appropriate means of direct pedestrian access for the future occupiers of dwellings at land allocated for residential development.

9. To ensure the provision of a pedestrian link to the neighbouring schools.

10-11. In the interests of visual amenity.

12. To safeguard the existing public foul drainage system.

13. To prevent the increased risk of flooding.

14. To prevent pollution of the water environment.

15. To reduce any possible conflict between vehicular delivery traffic to the supermarket and vehicular traffic movements at the neighbouring schools.

NOTES

1. The outline planning permission hereby granted is dependent upon the developer, prior to the commencement of development, entering into an agreement with Carmarthenshire County Council under Section 106 of the Town and Country Planning Act to allow the unhindered, free of charge use of the supermarket car park for the use of vehicles taking children to and collecting children from the neighbouring schools in perpetuity.

2. The developer is recommended to satisfy the Director of Operations, Chief Assistant (Hydrology), Parc Myrddin, Carmarthen of the Carmarthenshire County Council on the mode of foul and surface water drainage to serve the proposed site, and prior to the submission of an approval of reserved matters application, the developer should establish and agree full details of the drainage.

3. The developer is strongly advised to contact SWALEC prior to any development, in order to ascertain SWALECs requirements for the protection of any existing services and to obtain details of them. This could avoid a serious accident and the developer paying costs of repairs.

COMMITTEE:

DEVELOPMENT CONTROL BOARD

   

DATE:

14 December 2000

   

REPORT OF:

HEAD OF PLANNING

   

E/02273

FULL PLANNING

Date of Registration

11 Jul 2000

SINGLE STOREY NEIGHBOURHOOD STORE (CLASS A1 USER) WITH CUSTOMER CAR PARKING AND PROVISION FOR ON SITE SERVICING SCHEME INCLUDES REVISED ROAD ACCESS TO THE SITE AND ALSO SCHEME FOR FLOOD PREVENTION AT: LAND AT RHOSMAEN STREET, GLYNCEIRCH, LLANDEILO.

   

FOR:

LIDL UL GmbH

 

PROPERTY DEPT (WALES)

 

P O BOX 5015

 

CARDIFF

 

CF5 5YZ

   

AGENT:

QUALICUM

 

PREMIER HOUSE

 

THE COMMON (WEST)

 

BRADLEY STOKE

 

BRISTOL BS 34 6BH

   

ELECTORAL WARD:

CASTLE

   

COMMUNITY/TOWN COUNCIL:

LLANDEILO

   

CONTACT OFFICER:

G T NOAKES 01558 825301

CONSULTATIONS

Roads - The National Assembly for Wales Transport Directorate confirm that the application may be approved subject to five highway safety related planning conditions. The Transport Directorate also comment that the new junction layout would only be suitable to cater for the traffic generated by the proposed supermarket development and not for any further development.

Hydrology - Comment that the public foul sewer crosses through the application site and that if ground levels are to be reduced the applicant is advised to contact the Hydrology Section.

Community Council - Offer no objection in principle but have some concerns with regard to detail, commenting that the proposed building should have rendered elevations, boundary treatments should be hedgerows as at present or stone walling to reflect the existing bridge and Council depot walls, and that the landscaping of the visually important town gateway site is critically important.

Local Member - County Councillor Ieuan Jones offers no objection to the application.

Environment Strategy - No response has been received to date.

Forward Planning Manager - Recommends that the application is refused planning permission as the proposal is contrary to Policy S1 of the Dyfed Structure Plan (including Alterations No.1) and Policies DLPR2, DLPR3 and DLPH3 of the Dinefwr Local Plan.

Environment Agency - Comment that the application "... requires relocation of the access, such that the existing culvert below the trunk road would need to be extended by approx 8 metres. This existing structure is considered to be hydraulically inadequate and as a result is maintained, ie cleared of debris, silt, stones, etc every year. This bridge culvert is primarily maintained by hand and hence if the culvert were extended, this could result in health and safety implications. Extending the culvert would require the Agency's formal consent and therefore following guidelines set out in the Agency's Flood Defence Regulation Manual, such consent would not be granted. In addition, the extended culvert is also likely to have an impact on water levels upstream. The reports completed by the consultants to date have not considered the effects of extending the culvert. Further, the provision of the new access arrangement would effectively remove working/storage area, identified on the previous submission. This area was necessary for Agency use in carrying out gravel removal at the existing culvert".

The applicant confirms that discussion continues with the Agency in an attempt to address their concerns.

Welsh Water - No response to date.

Neighbours/Public - In addition to public notices in the local press and on site, nine neighbour notification letters were forwarded. In reply, 1 letter of support, 6 letters of objection along with a 299 signature petition of objection were received. Of the letters of objection 4 were received from business proprietors in the town with 2 having been received from local residents.

RELEVANT PLANNING HISTORY

E/1732 Single storey neighbourhood retail store

(Class A1) with customer car parking and

provision of on-site servicing.

E/00701 Residential development

Outline planning refused 24th October 1997

14711/88 Residential development

Outline planning permission 6th July 1990

Sec 52 Agreement signed

in respect of a provision of

contribution to Welsh Water

to upgrade the sewerage

system and also a rear

access to the Primary School.

14708/88 Residential development

Outline planning permission 8th August 1990

Sec 52 Agreement signed

in respect of a provision

of a contribution to Welsh

Water to upgrade the

sewerage system and also

a rear access to the Primary School.

THE APPLICATION

Planning permission is sought for the construction of a supermarket with surface level car parking at a broadly rectangular application site located along the western flank of Rhosmaen Street, Llandeilo at a point between the terrace of four houses, numbers 2 to 8, formerly known as Brooklands Terrace, and the Nant Gurrey-fach watercourse.

The detailed application proposes a 997sq m retail sales area supermarket building located to the rear of the application site behind 93 allocated car parking spaces. Externally the building would have a fibre cement roof covering, coloured dark grey with rendered walls.

Vehicular access to the proposed development would be by means of a T-junction onto the A40 Rhosmaen Street that would be provided with a central lane to accommodate vehicles waiting to turn right into the proposed store when approaching the site in a southerly direction. The T-junction arrangement would necessitate a realignment of the Nant Gurrey-fach road bridge with the required visibility splays extending across the whole of the application site frontage.

THE SITE

The relatively level, green field application site, 0.53Ha in area, measures 112m across the rear, tapering down over a depth of 95m to be 73m along the road frontage, delineated by a mature, mixed deciduous hedgerow. The Northern and western boundaries of the application site are open within enclosure 1208, although the northern limit of the available development area is defined by the Nant Gurrey-fach, a watercourse which runs along that site boundary. To the South the site is bounded by number 2 Rhosmaen Street, an end of terrace, two storey dwelling.

The application site is disected by a loose surface access track that serves two dwellings, a residential caravan site and facilitates access to the rear of some of the dwellings along this part of Rhosmaen Street. The application proposes to re-route this access track so as to extend along the northern boundary of the application site and around the rear of the store. The adapted access would also provide access to the proposed store.

The application site is located within the overall Development Limits for Llandeilo as defined in the Dinefwr Local Plan, however, it is situated beyond the defined Central Area for retail purposes that extends along this side of Rhosmaen Street to include the Llandeilo Builders Supplies premises. The application site is some 350m from that retail outlet.

Having regard to the terminology in respect of the hierarchy of retail planning application sites as detailed in Planning Guidance (Wales), Technical Advice Note 4, the application site can not be described as an 'edge of centre' location, ie within 200m-300m of the existing town centre shops, but rather as an 'out of centre' location.

The application site is allocated for housing development in the Dinefwr Local Plan, and has previously enjoyed the benefit of Outline planning permission in respect of residential development.

PLANNING POLICY

In terms of relevant Development Plan policy the principle of siting a retail foodstore at this location needs to be set against the following policies.

Dyfed Structure Plan (including Alterations No.1) Policy S1 provides:

'It is the policy of the County Council that there will be a general presumption in favour of proposals for new shopping developments to take place in or immediately adjacent to existing shopping centres providing they do not create any significant transport, amenity, local planning or public service provision objections'.

Whilst the policies of the Dinefwr Local Plan provide as follows:

DLPR1

The Council will permit retail development of an appropriate scale within the Development Limits of all recognised settlements of the Local Plan Area.

DLPR2

Proposals for retail development which sustain and enhance the vitality, attractiveness and viability of the town centre of Ammanford, Llandeilo, Llandovery will be permitted.

DLPR3

Major edge of centre and out of centre development will not be permitted except where:

i) it would not, directly or when considered together with any other committed schemes which are likely to be developed, undermine the vitality, attractiveness and viability of the town centres of Ammanford, Llandeilo and Llandovery;

ii) a sequential approach to the consideration of sites can be demonstrated;

iii) it would be well related to the main road network;

iv) it would not give rise to unacceptable vehicular and/or pedestrian traffic conditions;

v) it would not lead to unacceptable increases in private car journeys.

DLPH3

It is the policy of the Council to permit a moderate level of development within the development limits of each of the following settlements :-

Brynamman

Llandeilo/Ffairfach/Rhosmaen

Llandovery

Glanamman/Garnant

Tycroes (part)

as defined in inset map Nos 5, 3a, 4a, 2 and 1a, and in accordance with the general development control policies and policy DLPH6.

APPRAISAL

Although the proposal broadly complies with Dyfed Structure Plan (including Alterations No 1) Policy S1 and Dinefwr Local Plan Policy DLPR1 in terms of its location being within the Development Limits for Llandeilo, it is not however located within or adjacent to the Central Area for Llandeilo as defined in the Dinefwr Local Plan.

In terms of Policy DLPR2 and the criterion specified at DLPR3 in relation to the affect the scheme would have on the vitality, attractiveness and viability of Llandeilo town centre, the applicant company has confirmed that it is reliant upon a retail assessment submitted in support of their initial application, reference E/01732, which is presently subject of a non determination appeal held in abeyance pending the outcome of this application. That assessment concludes that: 'The proposed Lidl store would add to the range and choice of facilities available to local shoppers in an area which is currently poorly served by modern facilities. It is sited at an accessible location with distinct linkage to the town centre. It therefore offers the opportunity to enhance the attractiveness of Llandeilo centre as a whole as a shopping destination.

There is a demonstrable need for a new foodstore in the area and no other suitable available site is better located than the application site.

The store would draw the great bulk of its trade from large foodstores at distant locations. As such it would claw back lost expenditure and reduce the need to travel by private car.

The store's retail offer is very different to that currently available in Llandeilo town centre and therefore would not lead to the loss of existing convenience provision'.

The Development Plan Officer confirms that the affect of the proposal on the vitality, viability and diversity of the town must be matters for concern. Whilst at the time of writing the Authority have a second application, for Outline planning permission, in respect of retail development along Rhosmaen Street pending, there are currently, however, no other committed schemes which would contribute to the diminution of Llandeilo's attraction.

National planning guidance, reflected locally at criterion (ii) of Policy DLPR3 in the Dinefwr Local Plan, dictates that the Local Planning Authority shall adopt a sequential approach when determining such retail development proposals. As there is no appropriate town centre location available then the second preferred option is an 'edge of centre' location with the third preference being for an 'out of centre' location as proposed in the current application.

Within the submitted retail appraisal the applicant has demonstrated a sequential approach has been adopted to investigate potential alternative sites which are closer to the town centre or more appropriate. That sequential investigation reports that generally there are no suitable sites for retail development either within the town centre or elsewhere at Llandeilo, having either an extant retail permission or being marketed for a retail purpose. The assessment comments that: 'The only exception to this is the paddock to the South of Ysgol Teilo Sant. However, in terms of national guidance on retail locations, this site is no better related to the town centre that the application site'.

That land described as a paddock, which is adjacent and to the north of the Ysgol Teilo Sant, is the application site for the second retail development proposal referred to above. That application although submitted in Outline seeks approval for the siting of the proposed store along with the means of access. The submitted plans indicate that a proposed supermarket of 946 sq m together with surface level parking for 88 cars, cycle stands and a delivery service area can be successfully accommodated within that site area.

The paddock application site is some 140m closer to both the Central Area for Llandeilo as defined in the Dinefwr Local Plan and the established residential area to the north of the town. Having regard to the sequential test required at criterion (ii) of Policy DLPR3 there is therefore an alternative available site for retail development closer to the established retail centre of the town at an edge of centre location.

With regard to Criterion (iii) in terms of its position on the Trunk Road, it is clearly well related to the main road network; in terms of (iv) the design of the access arrangements to proposal site are considered acceptable by the National Assembly for Wales Transport Directorate in terms of road safety; whilst in terms of (v) it would be difficult to argue against, but on the positive side the site is within walking distance of the town centre for those people who would wish to walk to the store or have no other means of transport.

The application site is part of a larger overall area allocated in the Dinefwr Local Plan for housing development. Policy DLPH3 describes that overall area as 'Glynceirch, 5.4Ha, capacity of 74 units. Gentle North-South gradient with access onto main A40 trunk road. No major constraints although sewage system considerations important. Expected to consist of a mix of executive and medium priced units'. The whole of that area has previously enjoyed the benefit of an Outline planning permission in respect of residential development.

Planning Guidance (Wales) Planning Policy, First Revision, paragraph 3.5.1 advises that:

'Development plans are intended to provide a firm basis for rational and consistent decisions on planning applications and appeals. Where, in making any determination under the planning Acts, regard is to be had to the Development Plan unless material considerations indicate otherwise. Conversely, applications which are not in accordance with relevant policies in the Plan should not be allowed unless material considerations justify the grant of planning permission. Material considerations must be genuine planning conditions, that is, they must be related to the purpose of planning legislation, which is to regulate the development and use of land in the public interest'.

The applicant offers no reasoned justification as to why the local planning authority should depart from the housing development provision detailed within the Development Plan, the Dinefwr Local Plan. Further, the National Assembly for Wales Transport Directorate in confirming their acceptance of the proposed vehicular access note that the new junction layout would only be suitable to cater for the traffic generated by the proposed supermarket development and not for any further development. The implementation of the proposed development would consequently result in the sterilisation of the remaining 4.9Ha of allocated housing land.

The application site is also located within the Towy Valley Area of Great Landscape Value as defined othe Dinefwr Local Plan and as such Policy DLPEN1 dictates that '....priority will be given to the conservation and enhancement of the landscape, while new development that would unacceptably harm the character and appearance will not be permitted'. The application site is readily visible from the Llandeilo Northern By-Pass and the roundabout inter-section of that highway with the A40 Rhosmaen Street.

As the application site is allocated for housing development the environmental and visual impact considerations of the proposal have to weighed against the possible development of the land for residential purposes. Whilst the development of the site for an estate of houses could be designed in a manner to reflect and follow the natural contours of the land that part of the overall housing land allocation that comprises of the application site at hand, is generally level. The proposed store is to be finished externally with a fibre cement slate roof, whilst amended plans have been secured that detail rendered elevations to the building.

To refer to the third party representations received:-

As noted in the summary of consultee responses at the head of this report, one letter in support of the application ; eight letters, along with a 299 signature petition of objection were received. Of the letters of objection one was received directly from the Llandeilo Chamber of Trade, one from planning consultants on their behalf, four were received from business proprietors in the town with two having been received from local residents.

The letter of support states that the Council should look forward and permit the introduction of a new supermarket that would offer competition to the existing supermarkets and be of a financial benefit to the town of Llandeilo.

The objections contained in the letters of objection are made on one or more of the following grounds:-

· the application site is allocated for housing development

· in applying the sequential test the local planning authority should favour the application site closest to the town centre

· the design of the proposed building is not in keeping with the rural location of the application site, which is within the Towy Valley Area of Great Landscape Value

· the design of the proposed building at an important gateway location is inappropriate for a historic town

· the location of the application site is well beyond walking distance to the existing shops and facilities

· the proposed supermarket would deprive the town of existing trade

· if charges are introduced at town's public car park the free parking at the application site would result in a loss of trade

Again, as noted in the summary of consultee response the Environment Agency have concerns with regard to the proposed development in that the configuration of the vehicular access requires an existing culvert under the trunk road to be extended. The Agency comment that their consent to extend the culvert is unlikely to be forthcoming on Health and Safety grounds. The applicant confirms that discussion continues with the Agency in an attempt to address their concerns.

As the applicant confirms that they rely upon their supporting documentation submitted in respect of their initial application, reference E/01732, it considered reasonable to note that that application attracted two letters from local residents, one of support and one of general observations, a letter of objection from the Llandeilo Fawr Chamber of Trade, a letter of objection from Mr C P Kiley of CK Supermarkets that includes 26 further letters of objection of identical typed text, although 2 have been modified in handwriting, signed by 'business people from Llandeilo', along with a letter of objection submitted by planning consultants on behalf of Mr Kiley. With the exception of the Chamber of Trade none of these parties has responded in respect of the current application. This may be because they do not wish to comment on the current proposal or alternatively they are assuming that their observations expressed in the initial application, that has proceeded to a non determination appeal, remain on file and shall be considered.

Whilst the effects of a major retail development on existing individual retailers is not a planning consideration, it is inevitable that the opening of a new store would have an impact on the two existing supermarkets. This impact would be proportionally received by each with the customer benefiting from the improved choice and lower prices that may flow from the competition provided by any new retailer. The implications for the collective wellbeing of individual retailers is recognised in terms that such a development should not undermine the viability and attractiveness of the existing town centre.

It seems reasonable to assume that people from within the 'catchment area' would choose to undertake their bulk food shop at the nearest store providing the modern facilities they desire rather than take their trade to distant towns. Some of these shoppers would, of course, do a one stop shopping trip to the new store contributing nothing to the trade and activity of the town centre. However, Llandeilo is considered to be the natural focal point for the surrounding area with a range of individual shops and services to attract shoppers from the proposed store.

Given the site's relative proximity to the main shopping street it could possibly be anticipated that there would be an inclination for the shoppers to utilise the proposed store to make a spin off trip to the town centre.

The local planning authority therefore has to determine the locational characteristics of the proposed retail development in the context of the Development Plan framework.

Policy S1 of the Dyfed Structure Plan (including Alterations No1) offers a presumption in favour of new retail development proposals that are in or immediately adjacent to existing shopping centres. The application site is not within or immediately adjacent to the Central Area for Llandeilo as defined in the Dinefwr Local Plan. That positive presumption is further qualified in that it is subject to there being no significant transport, amenity, local planning or public service provision objection. As detailed below there is also a local planning objection.

Policy DLPR2 together with the criterion of Policy DLPR3 of the Dinefwr Local Plan aim to sustain and enhance the vitality, attractiveness and viability of town centres by focusing retail development on those centres. To secure this aim the Council in accordance with national guidance shall adopt a sequential approach in the consideration of sites for retail development. Whilst the applicant contends that there is no suitable, available alternative site in closer proximity to the established town centre the Council has received a planning application in which it is demonstrated that a similar form of retail development can be successfully accommodated at an alternative location closer to the defined Central Area.

The application therefore fails to meet the sequential test applied to retail development proposals.

The application site is located on part of an overall area of land that is allocated for housing development referred to at Policy DLPH3 of the Dinefwr Local Plan. There are no material planning considerations to justify a departure from that defined land use allocation particularly a form of development that would, by virtue of the vehicular access arrangement, result in a significant loss of the greater part, some 4.9Ha, of that housing land.

Having regard to the policy considerations above it is recommended that planning permission is refused for the reasons detailed below.

RECOMMENDATION - REFUSAL

REASONS

1 The proposal is contrary to Policy S1 of the Dyfed Structure Plan (including Alterations No.1):-

2 The proposed development, if approved, would be contrary to Policy DLPR2 of the Dinefwr Local Plan:

4 The proposed development, if approved, would be contrary to Policy DLPH3 of the Dinefwr Local Plan: