This afternoon I received a copy of the decision notice sent by the Council to Primark. The full backstory can be caught up in these previous posts. One minor victory – the cycle parking condition was amended to require that the parking is actually accessible and free from obstruction!
The cycle parking hereby approved shall remain accessible and free from obstruction, and retained for use at all times
In their letter to Primark officers have added as strong a wording — in bold, no less — that they now can, for which I am grateful:
Please be advised that it is necessary to ensure that Primark Stores comply in full with the conditions above. I would particularly like to draw your attention to conditions 3, 4 and 5 which relate to delivery operations and delivery times. Please be advised that it is your responsibility to ensure that all these conditions are complied with at all times. Please ensure that you instruct all delivery drivers/refuse collectors etc. of the terms of these conditions and ensure that they are complied with in full and at all times.
You should be aware that if the requirements of the planning conditions are breached then the Council will have no other option than to pursue formal enforcement action for failure to comply with the terms of the planning approval. This is likely to take the form of a Breach of Conditions Notice (to which there is no right of appeal except in the High Court. The maximum fine upon conviction is £1000 for each and every subsequent offence.)
Finally I would like to state that it is not the intention of any party to be punitive or unnecessarily strict in this matter. It is in the best interests of all parties that the problems experienced on this site are resolved in an efficient and professional manner. In this regards I would like to encourage Primark Stores to liaise closely with the residents in close proximity to the store to ensure that potential and future problems can be avoided. I would also strongly encourage you to ensure that your staff are aware of the importance of compliance with the planning conditions and their responsibility to keep noise and disturbance to an absolute minimum, especially in the rear service yard.
They also did include the informative that some Councillors had requested but I wasn’t sure was passed by the full committee:
Additional Informative:
The applicant is advised that the Planning Committee is of the view that effective engagement and communication should take place with the local community regarding the operation of the store.
I hope that this serves it purpose and that Primark will now engage with their neighbours and reign in their deliveries. However today I heard that Marlborough Street was used for refuse collection, in contravention of their conditions, so I’m not holding my breath!
I’ve copied the full letter below, less the Planning officer’s name.
The Store Manager
Primark Stores Ltd
169-174 Western Road
Brighton
BN1 2BLDear Sir / Madam,
Re: Planning application BH2008/01052
As you should be aware planning application BH2008/01052 (Retrospective application for part second/third floor extension to incorporate storage space and staff facilities (amendment to Delivery and Servicing Statement to show a minimum of 6 deliveries per day and none on Sundays and Public Holidays) was approved by the Planning Committee of the Council on 25th November 2009.
The application was approved subject to 8 conditions. These conditions are:
1. All air handling units and plant located on the roof of the premises shall not operate between the hours of 23.00 and 07.00.
Reason: To safeguard the amenities of neighbouring residential occupiers and to comply with policies SU10 and QD27 of the Brighton & Hove Local Plan.
2. Noise associated with plant and machinery incorporated within the development shall be controlled such that the rating level, measured or calculated at 1 metre from the façade of the nearest noise sensitive premises shall not exceed a level of 5dB below the existing LA90 background noise level. Rating level and existing background noise levels to be determined as per the guidance provided in BS 4142: 1997.
Reason: To safeguard the amenities of neighbouring occupiers and to comply with policies SU10 and QD27 of the Brighton & Hove Local Plan.
3. No vehicle movements nor any loading or unloading of vehicles shall take place between the hours of 20.00 to 08.00.
Reason: To safeguard the amenities of neighbouring occupiers and to comply with policies SU10 and QD27 of the Brighton & Hove Local Plan.
4. No deliveries, including the collection of refuse and recyclable materials, shall be taken at or dispatched from the site except from either the service yard to the rear of the application site accessed from Crown Street only or the front of the site along the designated section of footway in Western Road.
Reason: To safeguard traffic flows along Crown Street and Marlborough Street and not to prejudice highway safety in accordance with policies TR1 and TR7 of the Brighton & Hove Local Plan.
5. No deliveries or unloading of vehicles shall take place on Sundays or Bank or other Public Holidays except using the designated section of footway in Western Road.
Reason: To safeguard the amenities of neighbouring occupiers and to comply with policies SU10 and QD27 of the Brighton & Hove Local Plan.
6. The refuse and recycling storage facilities hereby approved shall be retained for use at all times.
Reason: To ensure the retention of satisfactory facilities for the storage of refuse and recycling and to comply with policies SU2 and QD27 of the Brighton & Hove Local Plan.
7. Access to the flat roof over the extension hereby approved shall be for maintenance or emergency purposes only and the flat roof shall not be used as a roof garden, terrace, patio or similar amenity area.
8. The cycle parking hereby approved shall remain accessible and free from obstruction, and retained for use at all times
Reason: To ensure that the facilities for the parking of cycles are retained and to encourage travel by means other than private motor vehicles and to comply with policy TR14 of the Brighton & Hove Local Plan.
Additional Informative:
The applicant is advised that the Planning Committee is of the view that effective engagement and communication should take place with the local community regarding the operation of the store.
Please be advised that it is necessary to ensure that Primark Stores comply in full with the conditions above. I would particularly like to draw your attention to conditions 3, 4 and 5 which relate to delivery operations and delivery times. Please be advised that it is your responsibility to ensure that all these conditions are complied with at all times. Please ensure that you instruct all delivery drivers/refuse collectors etc. of the terms of these conditions and ensure that they are complied with in full and at all times.
You should be aware that if the requirements of the planning conditions are breached then the Council will have no other option than to pursue formal enforcement action for failure to comply with the terms of the planning approval. This is likely to take the form of a Breach of Conditions Notice (to which there is no right of appeal except in the High Court. The maximum fine upon conviction is £1000 for each and every subsequent offence.)
Finally I would like to state that it is not the intention of any party to be punitive or unnecessarily strict in this matter. It is in the best interests of all parties that the problems experienced on this site are resolved in an efficient and professional manner. In this regards I would like to encourage Primark Stores to liaise closely with the residents in close proximity to the store to ensure that potential and future problems can be avoided. I would also strongly encourage you to ensure that your staff are aware of the importance of compliance with the planning conditions and their responsibility to keep noise and disturbance to an absolute minimum, especially in the rear service yard.
I trust that the above is informative and if I can be of any further assistance or clarification, please do not hesitate to contact me.
Yours faithfully
[A.N. Officer]
Jason Kitcat 