appendix a - planning history - derby · appendix a - planning history timeline ... unit 1 b&q...

Classification: OFFICIAL


Appendix A - Planning History

Timeline

App No Changes to Retail Park Manor Kingsway

09/07/01727 New Unit original full standard right turn into Curry’s 52 spaces

removed

10/07/01916 New Unit original consent for additional retail until

given on 17th Feb 2009 conditioned right turn lane.

11/07/02077

v 26/11/07

g 01/5/08

Unit 2 Powerhouse mezzanine floor for additional 929

sqm storage only

07/08/01081

v 21/06/08

g 24/7/14

- Residential Development (700 Dwellings), erection of offices

(Use Class B1), retail units (Use Classes A1, A2 and A3),

business units and associated infrastructure (roads, footpaths,

open space and allotments)

03/10/00362

v 23/03/10

g 5/10/10

Curry’s application sought the Installation of

mezzanine floor 958 sqm

958 sqm

04/10/00457 Unit 1 B&Q refurbishment of vacant store remove 7

parking spaces

remove 7

parking spaces



v 16/04/10

g 11/06/10

09/10/01100

v ?

g 29/10/10

Unit 2 Powerhouse Extend range of goods to include

Homeware

11/10/01402

v 19/11/10

g 14/01/11

Units 3&4 Comet refurbish units 3 & 4 and to return

them back to their original configuration of 2 units. The

overall GfA reduced by 32 sqm and to 2 parking spaces

were removed.

-32 sqm

2 parking

spaces were

removed.

6/12/2010 Matter considered by committee

01/11/00116

v 31/01/11

g 05/04/11

Unit 1 B&Q Certificate of Lawful Use which obtained

unrestricted A1 use for both of the sub-divided units on

the 05/04/11

04/11/00453

v 18/04/11

g 22/07/11

Unit 2 Powerhouse Certificate of Lawful Use

07/11/00859

v 21/06/11

Unit 3 Comet Certificate of Lawful Use application

seeking un-restricted A1 use. Extra 193 sqm

193 sqm



g 15/09/11 mezzanine in Unit 3

09/11/01128

v 21/09/11

g 05/04/11

Unit 2 Powerhouse Certificate of Lawful Use. The result

being that an additional 929 sqm of retail floor space

was added to the site without transport impact being

assessed.

929 sqm

03/12/00246

v 02/03/12

g 01/06/12

Unit 2 Powerhouse Variation of Condition 7 to

accommodate goods sold by Pet at Home.

04/12/00502

v 25/04/12

g 05/09/12

Unit 1 B&Q 3 mixed A1(retail)/A3(food) units with a

total size of 338 sqm (two units of 96 sqm and one of

146 sqm). Overall reduction in gfa -612 sqm

-612 sqm

21/06/2012 Matter considered by committee for 2nd time

09/12/01110

v 14/09/12

g 21/12/12

Units 3&4 Comet Re-positioning of and enlargement of

mezzanine floorspace within Unit 3

10/12/01234

v 11/10/12

Units 3 &4 Comet sub-division of units 3 and 4 for

retail (Use Class A1), installation of mezzanine floor



g 21/12/12

09/13/01052

v 06/09/13

g 24/10/13

Units 4 Comet Certificate of Lawful Use application

Repositioning of existing mezzanine floor space

addition of up to 200 square metres. The result of this

consent is an extra 200 sqm mezzanine in Unit 4 .

200 sqm

24/07/2014 Manor Kingsway Consent Issued

11/14/01530

v 05/11/14

g 16/01/15

Units 8a, 8b & 9 Lawful use of Unit 8a, Unit 8b and

Unit 9 as unrestricted Class A1 use)

08/15/01035

v 13/08/15

g 05/01/16

New Unit Increase floor space by 1261sqm loss of 14

parking spaces. Consent for this unit was first granted

in granted 21/12/07. The ‘trade off’ for the unit was a

right turn lane into Curry’s.

1261sqm

14 parking

spaces

removed

Summary of important events

Unit 1 B&Q 01/11/00116 (Units 3&4 on the coloured plan) obtained unrestricted A1 use for both of the sub-divided units on the 05/04/11 (TK

Max & Argos)

Unit 1 B&Q 03/12/00246 (Unit 5) extended range of goods to accommodate Pets at Home 01/06/12 Pets at Home

Units 3&4 Comet 07/11/00859 (Units 6 &7) unrestricted retail use 15/09/11 Hobby craft and Smiths

Units 8a, 8b & 9 11/14/01530 unrestricted use 16/01/15 M&S Food



Three A3 04/12/00502 (food units) consented on 05/09/12 Gregs, Subway and Costa

New floor space is 1261 - 612 = 649 sqm

New mezzanine 958 + 929 + 193 + 200 = 2280 sqm

73 parking spaces have been removed

Issue Could HDC

have Influence

the Decision

Comment

Unit 1 B&Q 01/11/00116 (Units 3&4 on the

coloured plan) obtained unrestricted A1 use for

both of the sub-divided units on the 05/04/11

(TK Max & Argos)

No HDC did highlight the sub-division of the units in the formal highway comments.

Unit 1 B&Q 03/12/00246 (Unit5) extended range

of goods to accommodate Pets at Home

01/06/12 Pets at Home

No

Units 3&4 Comet 07/11/00859 (Units 6 & 7

coloured plan) unrestricted retail use 15/09/11

Hobby craft and Smiths

No

Units 8a, 8b & 9 11/14/01530 unrestricted use

16/01/15 leading to the introduction of M&S

No



Food

Three A3 04/12/00502 (food units) consented on

05/09/12 Gregs, Subway and Costa

Yes Application No 04/12/00502 (validated 25/4/12 granted 5/9/12) sought planning

consent for 3 mixed A1(retail)/A3(food) units with a total size of 338 sqm (two units

of 96 sqm and one of 146 sqm). The agents description said:

“The units are intended to meet the operates requirement for a coffee shop and

bakers/sandwhich shop to provide for those visiting the retail park. There is currently

no food and drink provision at the retail park. The land on which the units are located

was formerly used as the garden centre for B&Q and the service yard for Best Buy but

is no longer needed for these purposes.”

On the basis that the retail park had no food offer when most such parks do and also

due to the three operators multi outlet business model i.e. there are many shops to

choose from, HDC raised no objection on the basis the use was ancillary to the retail

park and the site has already had a use that would have generated traffic i.e. the

B&Q garden centre. There does appear to be some anecdotal evidence that the A3

outlets are attracting high levels of short stay trips particularly at lunch times. The

extent of this activity could be proven by a number plate survey of ins and outs using

a video camera.

The garden centre had a gfa of approx. 950 sqm (source transport statement)

proposed development 338 sqm a net change of -612 sqm . The traffic consultant

predicted a small increase in traffic movements over and above the garden centre

use.

New floor space 08/15/01035 is 1261 sqm

Yes New Unit Increase floor space by 1261sqm loss of 14 parking spaces. Consent for

this unit was first granted in granted 21/12/07. The ‘trade off’ for the unit was the

provision of a right turn lane into Curry’s.



New mezzanine floor space

Currys 03/10/00362 958 sqm Yes There is a view that the introduction of Mezzanine floors in retail units produces less

additional trips than new floor space because generally the additional floor space

only increases the range of goods available to existing customers rather than a new

offer

Unit 2 Powerhouse 09/11/01128 929 sqm

originally for storage only

No

Unit 3 Comet 07/11/00859 193 sq No

Unit 4 Comet 09/13/01052 200 sqm

No



Appendix B - Planning History by Unit

Original

Operators

Current

Operators

Planning History

(Applications in Green denote HDC

was consulted, whilst applications

in Red show HDC not consulted)

Comments

Sainsbury's

Homebase

PFS

Unit 1 02/09/00129 12/11/01455 11/13/01296 – HDC consulted Kiosk?

Laura?

02/09/00129 (validated 06/02/09 granted 03/04/09) – The planning application proposed to improve the link between the restaurant and supermarket by enhancing facilities for customers in the form of a new foyer and customer toilets as well as minor improvements to the delivery yard. Parking provision for the site will also decrease by 52 spaces to make way for the proposed changes. 12/11/01455 (validated 06/12/11 granted 31/1/12) – extension of time to 02/09/00129 (validated 12/11/13 granted 18/03/14)

Unit 1

B&Q

Unit 2

Gregs,

Subway,

Costa Coffee

04/10/00457

10/10/01220

01/11/00116

04/12/00502 +

Application No 04/10/00457(validated 16/4/10 granted 11/6/10) appears significant in respect of the unexplained increase of trip generation

from the retail park. The application description says:

“Alterations to elevations and roof, formation of hard standing, installation of new plant and plant compound and alterations to car park layout

and erection of boundary fence”

As you can there is no mention of the subdivision of the building. However the drawings show on the units being sub-divided and DCC granted

consent on the 11/6/10. However the decision notice made no reference to the sub-division or any restriction on the sale of goods. A second

Non material amendment determination application No 10/10/01220 (validated 6/10/10 granted 27/10/10) refined the detail shown. This was

followed by a Certificate of Lawful Use Application No 01/11/00116 (validated 31/1/11 granted 5/4/11) seeking unrestricted A1 use for both of

the sub-divided units. The application quotes case law and was supported by QC opinion. Stephen Teasdale give along explanation of the

arguments, but in short because we had issued planning consent without mentioning the sub-division or sale of goods restriction and the

drawings showed sub-division we had to grant unrestricted use to the two units. It should be noted that HDC did highlight the sub-division in

the formal highway response to App No 04/10/00457.

Application No 04/12/00502 (validated 25/4/12 granted 5/9/12) sought planning consent for 3 mixed A1(retail)/A3(food) units with a total size

of 338 sqm (two units of 96 sqm and one of 146 sqm). The agents description said:

“The units are intended to meet the operates requirement for a coffee shop and bakers/sandwhich shop to provide for those visiting the retail

park. There is currently no food and drink provision at the retail park. The land on which the units are located was formerly used as the garden

centre for B&Q and the service yard for Best Buy but is no longer needed for these purposes.”

On the basis that the retail park had no food offer when most such parks do and also due to the three operators multi outlet business model

i.e. there are many shops to choose from, HDC raised no objection on the basis the use was ancillary to the retail park and the site has already

had a use that would have generated traffic i.e. the B&Q garden centre. There does appear to be some anecdotal evidence that the A3 outlets

are attracting high levels of short stay trips particularly at lunch times. The extent of this activity could be proven by a number plate survey of

ins and outs using a video camera.

The garden centre had a gfa of approx. 950 sqm (source transport statement) proposed development 338 sqm a net change of -612 sqm . The

traffic consultant predicted a small increase in traffic movements over and above the garden centre use.

Unit 3

TK Max,

formerly

B&Q and

Best Buy

Unit 4

Argos,

formerly

B&Q



Unit 2

Powerhouse

Unit 5

Pets at

Home,

formerly

Powerhouse

11/07/02077-

09/10/01100 – Extend range of

goods

04/11/00453

09/11/01128

03/12/00246

Application No 11/07/02077 (validated 21/9/11 granted 16/11/11) proposed alterations to retail unit and the insertion of a 929 sqm

Mezzanine floor as additional storage. HDC raised no objection but made the point that any proposal to change the Mezzanine floor to retail

would require a TA.

Application No 09/10/01100 (validated 2/3/12 granted 1/1/12) was a S73 application to vary condition No 7 of planning consent 1287/1411,

the extended range of goods comprised of Homeware. At the time the Unit had been vacant since 2006.

Application No 04/11/00453 (validated 18/4/11 granted 22/7/11) sought a Certificate of Lawful Use Need more info from planning.

Application No 09/11/01128 (validated 21/9/11 granted 16/11/11) sought a Certificate of Lawful Use that:

There is some legal advice on the planning file which I assume a confirms the application is lawful as it was granted on consent . The result

being that an additional 929 sqm of retail floor space was added to the site without transport impact being assessed.

Application No 03/12/00246 (validated 2/3/12 granted 1/6/12 seeking Variation of Condition 7 of previously approved planning permission

Code No. DER/09/10/01100 to permit the sale of a wider range of goods) to accommodate Pet at Home.

Unit 3

Comet

Unit 6

Hobby Craft,

formerly

Comet

11/10/01402

07/11/00859

09/12/01110

10/12/01234

09/13/01052

Application No 11/10/01402 (validated 19/11/10 granted 14/1/11) – the proposal was to refurbish units 3 & 4 and to return them back to their

original configuration of 2 units. The overall GfA reduced by 32 sqm and to 2 parking spaces were removed.

Application No 07/11/00859 (validated 21/6/11 granted 15/9/11) - a Certificate of Lawful Use application seeking:

Application description - On the implementation and substantial completion of works including the subdivision of the building into two

separate units, permitted under planning permission DER/11/10/01402 dated 14 January 2011 the use of new units 3 and 4 as shown on the

approved application drawings (or any part thereof) for unrestricted class A1 sales would be lawful which was approved - extra 193 sqm

mezzanine in Unit 3 (Burnett Planning letter dated 10th Oct 12.

Application No 10/12/01234 (validated 11/10/12 granted 21/12/12) External alterations to and sub-division of units 3 and 4 for retail (Use

Class A1), installation of mezzanine floor, formation of hard landscaping and alterations to car park layout

Application No 09/12/01110 (validated 14/9/12 granted 21/12/12) Re-positioning of and enlargement of mezzanine floorspace within Unit 3

following the substantial completion of works permitted under planning permission Code No. DER/11/10/01402 including the sub division of

the existing building into two separate units

Application No 09/13/01052 (validated 6/9/13 granted 24/10/13) a Certificate of Lawful Use application seeking:

Repositioning of existing mezzanine floorspace (255.8 square metres) and the addition of up to 200 square metres (creating up to 455.8 square

metres of mezzanine floorspace in total for retail purposes) within existing unit 4 would be lawful without the further grant of planning

permission. The result of this consent is an extra 200 sqm mezzanine in Unit 4 .

Unit 4

Comet

Unit 7

Smiths,

formerly

Norweb

Comet



New Unit Unit 8 09/07/01727 – original full standard

right turn into Currys

10/07/01916 – original consent for

additional retail until given on 17th

Feb 2009 conditioned right turn

lane.

01/12/00102 - extension of consent

10/07/01916

08/15/01035 – increase floor space

1261sqm loss of 14 parking spaces

The new retail unit that is currently under construction was originally given planning consent in 2009 under App No 10/07/01916 (validated

24/10/07 granted 17/2/09) Very limited highway comments provided in November 2007. Condition No1 required the following:

1. The retail unit shall not be brought into use until the scheme for the dedicated right turn lane into the Curry's car park, as approved under planning permission no. DER/09/07/01727, (validated 24/10/07 granted 21/12/07) or any alternative scheme that may be approved in substitution for this scheme, has been constructed and brought into use. Application No 01/12/00102 (validated 16/02/12 granted 8/3/13) this application sought to extend 10/07/01916 because no one would take up the consent with the right turn lane attached. It became clear he full standard RTL was not going to be delivered, however the car turning right into Currys were continually causing problems, particularly at peak times. I took the view that a small localised widening would at least relieve the problem if a car was turning right into the site and would therefore be a general benefit to the whole retail park (it would not cater of service vehicles) consequently I do not object to the continuation of the extra unit consent on the basis that they would provide the alternative RTL scheme. In fact the RTL scheme was delivered by Kier as part of the roundabout works. Application No 08/15/01035 (validated 13/08/15 granted 5/1/16) this applications is for a slightly amended scheme to that approved under

01/12/00102 but still providing the local widening to provide the small RTL. Increase floor space 1261sqm loss of 14 parking spaces

Unit 5

SCS

Unit 9

SCS

Application No 11/14/01530 (validated 5/11/14 granted 16/1/15) the application sought The lawful use of Unit 8a, Unit 8b and Unit 9 as

unrestricted Class A1 use)

Unit 6

Carpet Right

Unit 10

Boots

formerly

Carpet Right

Unit 7

Harveys

Unit 11

Harveys and

Benson Beds

Unit 8a

Halfords

Halfords

11/14/01530

Unit 8b

Tiles R US

M&S Food

formerly

Tiles R Us

11/14/01530



Unit 9

Next

Next

formerly Lidl

11/14/01530

11/14/01530

Currys Currys PC

World

03/10/00362 Application No 03/10/00362 (validated 23/03/10 granted 5/10/10) the application sought the Installation of mezzanine floor 958 sqm. Dcc’s

assessment didn’t consider that the level of additional trips would be excessive. HDC recommended that any consent should be subject to a

condition requiring the RTL as condition in respect of App No 09/07/01727. The consent was issued without such a condition.



Appendix C - Day-by-Day Events

Fully Operational Junction – Wednesday, July 13th

The junction was fully opened to traffic and the signals switch-on just after

midday. The initial signal plans had been set up as specified in the developer’s

design and approved by the Council. All equipment, which was factory tested

prior to installation, was working.

The signals were switch-on following established practice; that is avoiding

Mondays (where traditionally traffic flow is often different from other working

days) and avoiding morning peak times. Tuesdays and Wednesdays are often

favoured by engineers, as this leaves two or three days for the operational and

driver behaviour to settle before the first weekend.

The development access was not open to traffic. Three arms of the junction

were initially functioning. Initially the A5111 operated with queues building

due to the new road layout and under-utilization of the new lanes. Within the

first hour queues began to develop on the retail park access road, with delays

for traffic leaving the retail park and a negative impact on circulation within

the car parks.

Engineers from T&T began immediately to make changes to the signal

operation as soon as the delay in the retail park emerged. Over the next 2

hours the operation of the retail park was restored to ‘normal’ and by 5:00pm

there were no queues leaving the retail park and the junction was working

adequately with the evening peak traffic, though queues on the A5111 heading

towards the A38 were evident. The early assessment at this stage was that as

drivers adapted to the new lane arrangements then the queue would reduce,

though historically there has always been a pattern evening peak time

queueing on this route.

Thursday, July 14th - T&T engineers were on-site for the morning peak period.

The junction was working well with no significant queues and more drivers

were using the capacity provide by the new lanes.

There were no queues to access or leave the retail park.



One traffic signal detector was found to be faulty. This was no significant and

was fixed by 11:00am. At the same time some revised timing plans were

loaded into the signal controller. These revised plans were created by the

Council’ traffic signal engineer.

T&T engineers monitored the operation throughout the day and the junction

and the retail park operated adequately during the whole day.

Friday, July 15th - T&T engineers were on-site for the morning peak period.

The junction was working well with no significant queues. The on-site analysis

began to suggest that lane usage was not improving.

T&T engineer had set up to monitor the Friday afternoon period and test the

additional signal plans (loaded on Thursday).

From approximately 1:00pm traffic in the retail park again began to queue on

the exit road. The change to the revised plans helped, but access from the

park was probably an average of 30 mins across the afternoon period.

Historically the retail park has suffered delays during Friday afternoon periods.

As the afternoon progressed the operation and new plans appeared to have a

benefit and by 5:30pm the retail park was operating well, with no significant

queues on the A5111.

The decision was made to by T&T engineers to use the Friday afternoon signal

plan for the coming weekend.

Saturday, July 16th -T&T engineers visited the junction and the retail park at

10:00am and again at 11:30am. The junction and the retail park were

functioning well.

T&T engineers were on-site from 12:30pm to 1:30pm. The retail park was

busy, but functioning, and the junction was providing additional time for the

retail park exit.

From 2:00pm reports started to be registered with the StreetPride ‘out-of-

hours’ messaging service. We have received some feedback that there was a

fault with the messaging service. Reports suggest that the number either

wasn’t recognised or ‘rang out’. The problems appeared persist over the



weekend, as emergency calls from the Police were being diverted to the

Council Emergency Plan list.

Between 2:00pm and 3:00pm Cllr Afzal began to receive calls from Sainsbury’s

reporting long delays for their customers when attempting to leave the car

park.

Cllr Afzal requested T&T engineers to visit the site and provide an update.

T&T engineers arrived at site at 3:15pm.

The junction was operating as expected and without queueing on the A5111

approaches. The retail park was very busy. A quick assessment suggested that

Sainsbury’s car park was over 80% full, and the mixed retail area was occupied

to a similar level.

Timings for vehicles leaving Sainsbury’s, from the car park aisles at the petrol

station end of the car park suggested 25 – 35mins to leave the car park.

However, the exit queue extended the entire length of Sainsbury’s frontage,

suggesting that the time to exit for the back of the queue would be much

longer.

Timings taken on the exit road suggested that from the roundabout near to the

petrol station to clearing through the new Kingsway junction was no more than

90secs.

Timings from the mixed retail area suggested 30 – 40 mins to exit the car park.

The rate of exit through the new Kingsway junction was roughly consistent

throughout the period from 16:00 – 19:00; approximately 16 vehicles per/min

(960 per/hr).

One of the T&T engineers visited Sainsbury’s to meet the store manager.

At 16:40 a T&T engineer left Sainsbury’s car park, choosing to start from the

worse park of the car park, effectively going to the very back of the queue to

test the ‘worse case’ exit time. The total time taken was 2hrs 20mins to clear

the new Kingsway junction. From passing the final car park aisle in Sainsbury’s

to clearing the new Kingsway junction took just 3mins.



At 17:50 a call came via the StreetPride messaging service with a request from

the Police to turn off the traffic signals. A T&T engineer (on site) took the

decided that it was not possible to simply switch off the signals.

Reports suggest that by 19:45 the retail park had emptied.

Sunday, July 17th - T&T engineers visited the junction and retail site at various

times (11:00am, midday – 1:30, and 3:00pm).

The retail area was not as busy as the previous day. But there was occasional

queueing on the exit road during the 1:00 to 3:00pm period. Observed exit

times were approximately 20mins. The Kingsway junction was operating

without queues on the A5111 approaches.

Monday, July 18th - T&T engineers met at 9:30 to discuss the weekend

operation and determine an action plan to resolve the issues. See note

attached.

Changes were made as decided.

The access into the Kier Living site was opened.

Monday, July 18th – Thursday, July 21st - T&T engineers continued to make

regular observations and adjustments to the signals, and loaded two

contingency plans into the signal controller to assist with clearing the retail

park.

The junction functioned well during this period, although there was an obvious

peak time queue on the A5111 from Uttoxeter Road approaching the new

Kingsway junction. A few complaints were received about queueing at peak

periods and the Fire and Rescue Station registered their concerns.

The MOVA automatic detection system was switched on Wednesday 20th.

Opening the Kier Living development entrance had no negative impact on the

junction operation.

The retail park functioned well during this period.

Friday, July 22nd - Following the pattern of the previous week, T&T engineers

focused on the Friday early afternoon period as a test for the coming weekend.



At 2:00pm traffic began to build up in the retail park. Observations on site

suggested that exit times were in approximately 15 to 25mins, from Sainbury’s

car park and similar from the mixed retail car park.

By 3:00pm the function of the retail park was normal.

One of the contingency plans for the weekend (allowing an additional 10secs

per cycle for the retail park) had been activated. This appeared to work and a

decision was made to leave this in operation for the weekend.

Saturday, July 23rd - T&T engineers visited the junction and retail park several

times during the day. It was noticeable that background traffic levels across

the local road network were very low. The weather was hot and sunny.

The retail park was very quiet and functioned without problems.

Sunday, July 24th - T&T engineers visited the junction and the retail park in the

morning (11:00am). No problems.

On visiting the retail park at 2:15pm it was clear that queueing was developing

in Sainsbury’s car park.

The mixed retail car park was approximately 75% occupied. The demand to

enter the retail park was obviously increasing by 2:30, with a queue beginning

to build from the A38.

At 2:30 an engineer was called to switch to another contingency plan, to

provide even more exit time for the retail park.

The engineer switched plans at approximately 3:00pm.

At 3:00pm the queue to enter the retail park was occupying the left hand lane

of the A38 (southbound) from approximately the bridge over Brackensdale

Lane.

Traffic was arriving at approximately 25 vehicles per/min (1500 per/hr).

Traffic was leaving the retail park at approximately 13 vehicles per/min (920

per/hr).



The majority of vehicles leaving were from the mixed retail car park, as the

traffic entering the site were predominantly (approximately 80%) turning right

into the mixed retail area and taking precedence over Sainsbury’s exit traffic

at the roundabout near the petrol station.

At 3:30pm traffic was still arriving at a consistent rate of approximately 20

vehicles per/min.

The retail site was clear by 5:00pm.

Monday, July 25th - Traffic & Transportation engineers met early in the

morning. After discussing the operational issues and immediately available

solutions, it was recommended that the traffic signals should be switched off.

Due to changes to lines and signs, the switch off could not be done

immediately, but would be done on overnight on Thursday 28th.

appendix a - planning history - derby · appendix a - planning history timeline ... unit 1 b&q...

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