Demolition of existing buildings, removal of existing canopy, pump islands and underground tanks. Construction of new sales building with ‘Food to Go’ offer and ATM, installation of new canopy, pump islands and forecourt, installation of 2 x 60KL underground fuel tanks, creation of new Electric Vehicle Charging (EVC) hub and associated infrastructure, jet wash bays and associated plant room, bin store, car parking, car care facilities and all other associated works.

Earlier on in the meeting, as detailed under Minute 56 above, Councillor Wiggins had declared for the public record that she was one of the local Ward Members. Councillor Wiggins had also stated that she was not pre-determined on this application. She therefore remained in the meeting and took part in the deliberations and decision making.

The Committee heard that this application was before Members as the application had been called in by Councillor Scott due to his perceived impact of the proposals on traffic, noise and light pollution.

Members were told that the application sought full planning permission for the “Demolition of existing buildings, removal of existing canopy, pump islands and underground tanks. Construction of new sales building with ‘Food to Go’ offer and ATM, installation of new canopy, pump islands and forecourt, installation of 2 x 60 KL underground fuel tanks, creation of new Electric Vehicle Charging (EVC) hub and associated infrastructure, jet wash bays and associated plant room, bin store, car parking, car care facilities and all other associated works.”

Officers told Members that the existing commercial building (office/storage), sales building and forecourt would be demolished and replaced by a larger sales building and forecourt. The new forecourt would provide refuelling for 16 vehicles. The new sales building would be located along the northern boundary of the site with a GIA of 380sqm, larger than the 289sqm. The sales area would provide two new ‘Food to Go’ uses including a bakery and a hot food takeaway. It would also feature staff area, three customer toilets and a new ATM and pay at night window.

The proposed EVC hub would be comprised of eight bays with canopies above located along the western boundary with a height of 2.8m. A new canopy would also cover the existing fuel pumps in the same location at the existing but covering a larger area. That would be a similar height to the existing.

Further, the Committee was told that new customer car parking of 15 spaces and 1 accessible bay, four new jet wash bays, new underground fuel tanks and associated infrastructure were all proposed.

Members also heard that the proposed development was considered by Officers to be an upgrade of existing facilities in accordance with the existing use on site.

The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representations received and a recommendation of approval.

At the meeting, an oral presentation was made by the Council’s Planning Officer (OA) in respect of the application.

An Officer Update Sheet had been circulated to Members prior to the meeting which covered the following matters:-

“Environment Agency – Additional Consultee Response 24.01.2025 – Holding objection removed

“We have reviewed the documents as submitted and we consider that planning permission could be granted to the proposed development as submitted if the following planning conditions are included as set out below. Without these conditions, the proposed development on this site poses an unacceptable risk to the environment and we would maintain our objection to the application.

We ask to be consulted on the details submitted for approval to your Authority to discharge these conditions and on any subsequent amendments/alterations.

Environmental setting

The site is underlain by superficial Cover Sand Deposits designated as a Secondary B Aquifer. The site is located within a Groundwater Source Protection Zone (SPZ), namely SPZ 3. The site is located over a EU WFD groundwater body. Shallow groundwater may also be present at the site. The location of the site is therefore considered to be of moderate/high environmental sensitivity.

Condition 1 The development hereby permitted shall not be commenced until such time as a scheme to install the underground tanks have been submitted to, and approved in writing by, the local planning authority. The scheme shall include the full structural details of the installation, including details of excavation, the tank(s), tank surround, additional containment, associated pipework, monitoring system schedule and maintenance schedule. The scheme shall be fully implemented subsequently maintained, in accordance with the scheme, or any changes subsequently be agreed, in writing, by the local planning authority.

Reasons - To protect and prevent the pollution of controlled waters (particularly the Secondary B aquifer, Source Protection Zone 3) from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF 2024; paragraphs 187,196 and 197), EU Water Framework Directive, and Environment Agency Groundwater Protection Position Statements (2018) D2 and D3.

Condition 2 Prior to commencement, no development shall take place until a scheme that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority: 1) A preliminary risk assessment which has identified: All previous uses potential contaminants associated with those uses a conceptual model of the site indicating sources, pathways and receptors potentially unacceptable risks arising from contamination at the site. 2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 3) The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express written consent of the local planning authority.

Condition 3 No occupation shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

Condition 4 No development should take place until a long-term monitoring and maintenance plan in respect of contamination including a timetable of monitoring and submission of reports to the Local Planning Authority, shall be submitted to and approved in writing by the Local Planning Authority. Reports as specified in the approved plan, including details of any necessary contingency action arising from the monitoring, shall be submitted to and approved in writing by the Local Planning Authority. Any necessary contingency measures shall be carried out in accordance with the details in the approved reports. On completion of the monitoring specified in the plan a final report demonstrating that all long-term remediation works have been carried out and confirming that remedial targets have been achieved shall be submitted to and approved in writing by the Local Planning Authority.

Condition 5 If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved. Reasons To protect and prevent the pollution of the water environment (particularly the Secondary B aquifer, Source Protection Zone 3) from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework(NPPF 2024; paragraphs 187,196 and 197), EU Water Framework Directive, River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2017) A4 – A6, J1 – J7 and N7.

Condition 6 Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

Reasons Piling or other penetrative ground improvement methods can increase the risk to the water environment by introducing preferential pathways for the movement of contamination into the underlying aquifer and/or impacting surface water quality. For development involving piling or other penetrative ground improvement methods on a site potentially affected by contamination or where groundwater is present at a shallow depth, a suitable Foundation Works Risk Assessment based on the results of the site investigation and any remediation should be undertaken. This assessment should underpin the choice of founding technique, and any mitigation measures employed, to ensure the process does not cause, or create preferential pathways for, the movement of contamination into the underlying aquifer, or impacting surface water quality.”

Officer Response – Having considered all of the above consultee’s response, Officers consider that recommended Condition 6 should be carried forward and added to any approval. The other recommended conditions do not meet the 6 tests within the NPPF and are not recommended to be carried forward.

Elmstead Parish Council Additional Comments – Received 25.02.25

“On the public access portal the Parish Council’s comment was labelled as neutral – this is incorrect. As stated at the end of paragraph 3 of our response, “Elmstead Parish Council must object to this application’.

There seems to have been further misunderstandings in the officer’s reported response to our concerns we’d like to clarify as we feel the summary misrepresents our position.

We’d question the assertion that a significantly expanded petrol station facility, with additional food service provision, will not cause additional traffic. Why would the site need four times as many staff if there was not a substantial increase in customers – who, given its location next to a busy A road, and primary purpose as a fuel station, will overwhelmingly be travelling by motor vehicle? Logically this must cause significantly increased traffic flow.

While we would suggest the expanded food service provision will in fact increase noise throughout the 24-hour period, our main concern has not been recognized in the report. The new site layout will absolutely move existing and new sources of noise significantly closer to neighboring residential properties and noise sensitive businesses (the adjacent pet shop).

Of special concern is the impact of the multiple pressure washing bays – which the report into our objection fails to mention.

Finally, if the committee has visited the site today, we’d like to again emphasize our concerns about the complexities of 2 entrances/exits for vehicular traffic to the westbound A133 with an increase of traffic both to and from the site, and the roads rapidly increasing throughput.””

Harry Capstick, the applicant’s agent, spoke in support of the application.

Luke Worsfold, a member of the public, soke against the application.

Councillor Gary Scott, caller-in and a local Ward Member, spoke against the application.

It was moved by Councillor Everett, seconded by Councillor Sudra and:-

RESOLVED that:-

1)    the Head of Planning and Building Control be authorised to grant full planning permission subject to the conditions stated at paragraph 10.2 of the Officer report (A.2), together with the extra conditions proposed by the Environment Agency (as detailed in the Update Sheet), a condition to secure the jet wash operation hours as 7am to 7pm and a condition for the provision of two wheeled parking, or varied as is necessary to ensure the wording is enforceable, precise, and reasonable in all other respects, including appropriate updates, so long as the principle of the conditions as referenced is retained; and

2)    the sending of any informative notes to the applicant as may be deemed necessary.