Agenda item

Major Full:  Erection of a new food retail store (Use Class E(a)) with associated car

parking, servicing and landscaping. 

Mr Adam Birkett Chief Planning and Transportation Officer briefed the committee on application 11/22/0435.

The application proposed an erection of a new food store which would measure 2011 sq.m gross with a net sales area of 1424 sq.m. Alongside an associated carpark for 54 cars, 15 mobility spaces and 6 electric charging spaces, a servicing area and landscaping.

The building will be located in the south-east corner of the site with a flat roof with a maximum height of approximately 9 meters.

1The Frontier Park development is largely completed with a hotel, petrol filling station and a range of food and drink establishments.

This application was previously approved at the 17^th of April 2024 planning committee meeting against officer recommendations. The application was then brought for a Judicial Review on the 4th of September 2024 where this decision was quashed and returned to the Council for re-determination, having regard to the grounds of challenge.

The application in its current form was re-submitted by the applicant with amendments and consultees re-consulted in December 2024.

1 Letter of objection was received by a member of the public as well as 1 letter of support.

An additional letter of objection was received on behalf of a near-by supermarket chain.

Hyndburn Borough Councils Environmental Health team raised no objections alongside National Highways, Hyndburn Borough Councils Ecology Team, LCC Highways, United Utilities and Lead Local Flood Authority.

Blackburn with Darwen Council raised a number of objections as stated in the officer report.

Mr Birkett outlined the principle of development and identified that there was conflict with local and national planning policy given that the application site is allocated as part of a Strategic Regional Employment Site.

Mr Birkett set out that the planning application failed to satisfy the sequential test as a town centre site (former Thwaites Brewery site) within the neighbouring local authority area was considered to be suitable and available for the proposed development. Failure of the sequential test carried substantial weight against the proposals.

Mr Birkett set out some of the benefits of the development including temporary construction jobs, 120 permanent jobs as well as other benefits to the local economy and generation of business rates and biodiversity enhancements.

It was advised that the development plan is the starting point for decision-making and, whilst there were no objections on technical matters, the application was recommended for refusal as set out in the report as the schemes benefits would not outweigh the identified conflict with the development plan and NPPF.

Members of the committee discussed the merits of the application and the considerations presented by Mr Birkett.

The discussion highlighted the importance of attracting businesses to Hyndburn and the increased opportunities this provided to residents such as jobs and local investment.

Reference was made to the suitability of the former Thwaites Brewery site for the proposed development, taking into account the conflicting financial viability information that had been submitted by the applicant and the neighbouring local authority.

Similarly discussions were had surrounding the length of time the site at Frontier Park had been empty despite its advertisement and members considered if it was realistic that the site would be filled in its current capacity as a strategic regional employment site.

Resolved – Members voted against the officer recommendation with authority delegated to the Chief Planning and Transportation Officer to draft appropriate planning conditions and undertake any further consultation as necessary and approved the application for the following reasons:

1)    The former Thwaites Brewery site was considered to be unsuitable for the proposed development and that the applicant had therefore satisfied both the retail sequential and impact tests thereby removing refusal reason no.2 as set out in the officer’s report.

2)    The economic benefits of the proposed development was a material consideration that outweighed the conflict with the development plan and NPPF as set out in refusal reason 1 of the officer’s report.

N.B –   1. Matthew Wyatt – Spoke in favour of the application.

·         Representative from PWA Planning.

·         Site represents a £150 million pound investment.

·         The current economic climate makes the site a difficult one to fill under its current restrictions. They have had no interest in the site in its current capacity.

·         M&S recognise the benefits of the site being accessible to residents located both in Hyndburn and Blackburn with Darwen.

·         Urged the committee to balance planning policy with the needs of the community and the reality many retailers are facing.

·         The site is currently wasted as a car park so any business opportunity which generates income for the borough is an improvement on the sites current use despite its designation.

·         The Thwaites site in Blackburn is not a financially viable option for the retailer despite Blackburn with Darwen’s assessment.

·         Provided an economic benefits statement of £3.6 million pound investment in annual salaries and £75 million pounds of business rates.

·         The retailer M&S is committed to offering career development opportunities for employees including graduation programmes.

2. Philip Marsden – Spoke in favour of the application.

·         Town Planning Officer for retailer M&S.

·         States that the Blackburn store as it stands will close regardless of the outcome of the application as the site is inefficient and not meeting the needs of the retailer anymore.

·         The proposed store is bigger and more energy efficient with space to almost carry the full range of M&S products.

·         Confirmed that the staff at the current Blackburn store will all be offered jobs in the new store location.

·         Confirmed the statement form Matthew Wyatt regarding the viability of the Thwaitses site regarding the viability of the store. M&S consider the Frontier Park site the only viable location.

·         M&S wish to invest in the local community, utilising local resources and supporting British farming. 

3. Councillor Kate Walsh – Spoke in favour of the application.

·         Supported the development of the site due to the economic benefits provided from the resulting business rates and the retention of current site alongside additional job opportunities.

·         It is important to have a variety of jobs for people in the community at any age.

·         As the site is unused seeing someone take over the site is always preferable than remaining empty.

·         Residents want to see this retailer in Hyndburn.