Land off Greyhound Park Road, Greyhound Retail Park, Chester, Cheshire, CH1 4QG

Land off Greyhound Park Road, Greyhound Retail Park, Chester, Cheshire, CH1 4QG — Cheshire West and Chester — Appeal Decision Site visit made on 10 January 2023 by F Rafiq BSc (Hons) MCD MRTPI an Inspector appointed by the Secretary of State Decision date: 1 February 2023 Appeal Ref: APP/A0665/W/22/3296284 Greyhound Retail Park, Greyhound Park Road, Chester CH1 4QG • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Philip Ross (Chester Greyhound Retail Park Limited) against the decision of Cheshire West and Chester Council. • The application Ref 20/03892/FUL, dated 15 October 2020, was refused by notice dated 7 October 2021. • The development proposed is the erection of a single storey drive through restaurant. Decision 1. The appeal is allowed and planning permission is granted for the erection of a single storey drive through restaurant at Greyhound Retail Park, Greyhound Park Road, Chester CH1 4QG in accordance with the terms of the application, Ref 20/03892/FUL, dated 15 October 2020, subject to the conditions in the attached schedule. Preliminary Matter 2. Amended plans were submitted to the Council during the course of the planning application and it was evident these were considered by them in making its decision.

Land off Greyhound Park Road, Greyhound Retail Park, Chester, Cheshire, CH1 4QG — Cheshire West and Chester — Appeal Decision I have assessed the appeal on the same basis. Main Issues 3. The main issues are: • the effect of the proposal on public health; and, • the effect of the proposal on highway safety. Reasons Health 4. The appeal site forms part of a large retail complex which contains a number of units of varying sizes. The proposed drive-through restaurant would be located within an existing car park off Greyhound Park Road. In addition to Greyhound Retail Park, Deva and Chester Retail Parks are two further retail areas that adjoin it. 5. There are a wide range of food and drink outlets on these retail parks, many of which are a short walking distance from the appeal site. These include fast food restaurants, cafés and coffee outlets, many of which the Council has identified https://www.gov.uk/planning-inspectorate

Land off Greyhound Park Road, Greyhound Retail Park, Chester, Cheshire, CH1 4QG — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/22/3296284 as being unhealthy as they have a large proportion of items on the menus that are high in fat, salt and/or sugar. 6. The Council has referenced the health challenges in the Blacon Ward, including excess weight in children, links between deprivation and obesity, and the poor health in a greater percentage of the population than the average across the Council area and the Country. Whilst the Planning Practice Guidance (the PPG) states that planning can help create environments that support and encourage healthy lifestyles, the Council also acknowledge that the causes of obesity are complex and multifaceted. I also note the Council has signed up to the Local Authority Declaration on Healthy Weight, but I have not been made aware of any supplementary guidance that has been produced which is set out in the commitments in this declaration. 7. In terms of its location, the appeal site is situated away from the residential areas of Blacon, and to access the retail park for pedestrians would involve walking along Clifton Drive which does not have a footway or would entail a longer walking route along busy roads.

Land off Greyhound Park Road, Greyhound Retail Park, Chester, Cheshire, CH1 4QG — Cheshire West and Chester — Appeal Decision I have also not been made aware of any schools that are close to the appeal site. As such, and given there are existing food outlets closer to this residential area, I do not consider that it is likely the appeal site would be regularly accessed by pedestrians from Blacon. 8. In any event, anyone accessing the retail park, such as those in vehicles would already have the choice of a number of food and drink outlets in the immediate vicinity of the appeal site. In this context, whilst the proposal would add a further restaurant, I do not agree that it would significantly increase access to unhealthy food and compound existing health issues in Blacon. It would also not lead to an over-proliferation of such uses in the local area given the various food and drink outlets are dispersed through the three retail parks. 9. I therefore conclude that the appeal proposal would not have a significant adverse impact on public health.

Land off Greyhound Park Road, Greyhound Retail Park, Chester, Cheshire, CH1 4QG — Cheshire West and Chester — Appeal Decision As such, it would not conflict with Policy SOC 5 of the Cheshire West and Chester Local Plan (Part One) Strategic Policies (Local Plan Part 1) and Policy DM 29 of the Cheshire West and Chester Local Plan (Part Two) Land Allocations and Detailed Policies (Local Plan Part 2), which seek, amongst other matters, to avoid significant adverse impacts on health and quality of life. It would also not conflict with the National Planning Policy Framework (Framework) or the PPG, which require development to have regard to health and well-being. Highway Safety 10. The proposed drive-through restaurant would be situated to the northern side of the access road that provides access to the car parking and service areas of the nearby retail units and other uses. Following concerns raised during the consideration of the application, which related to queuing back on the access road from the drive through lane, amendments were made to the existing car park so vehicles would utilise the circulation areas within the car park to access the proposed drive-through facility. 11.

Land off Greyhound Park Road, Greyhound Retail Park, Chester, Cheshire, CH1 4QG — Cheshire West and Chester — Appeal Decision The Council has however raised concerns on the wider operation of the car park including reference to the introduction of standing traffic alongside existing parking spaces, and by restricting movements of other vehicles in the car park that are not using the proposed drive-through restaurant. The appellant has https://www.gov.uk/planning-inspectorate 2

Land off Greyhound Park Road, Greyhound Retail Park, Chester, Cheshire, CH1 4QG — Cheshire West and Chester — Appeal Decision The Council has however raised concerns on the wider operation of the car park including reference to the introduction of standing traffic alongside existing parking spaces, and by restricting movements of other vehicles in the car park that are not using the proposed drive-through restaurant. The appellant has https://www.gov.uk/planning-inspectorate 2

Land off Greyhound Park Road, Greyhound Retail Park, Chester, Cheshire, CH1 4QG — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/22/3296284 undertaken queue length surveys at the nearby McDonald’s1 which have been applied to the appeal proposal having regard to its smaller gross floor area. 12. This demonstrates that other than for a 1-hour period on a Saturday, the maximum queue would not exceed the 14 space capacity being provided in the drive-through lane. The appellant has set out that this survey period in the early-mid afternoon coincided with a local football match which had above average attendance. Even so, the layout proposed allows for a number of further vehicles to queue within the proposed separate lane within the car park if the drive-through lane around the restaurant was full. Based on the evidence provided, including the more prominent location of the surveyed McDonald’s and that TRICs data showing McDonald’s generate higher trips than other restaurants, I consider the forecasted maximum queue to be robust and queuing back beyond the separate stacking lane would be unlikely. As such I do not consider it would interfere with the parking and circulation areas in the car park through which vehicles would access the drive-through restaurant. 13.

Land off Greyhound Park Road, Greyhound Retail Park, Chester, Cheshire, CH1 4QG — Cheshire West and Chester — Appeal Decision Concerns have been expressed in relation to the layout of the car park being contrived and convoluted. The proposal would require vehicles to utilise the circulation area within the car park, but I do not consider this to be unusual, as other drive-through units have similar arrangements with signage and lining providing directions. A pedestrian crossing point would be provided across the service road that would enable safe and convenient access to the proposal from the car parking areas and to the nearby retail and other uses. 14. The proposal would provide a central island as well as signage on the access road to prevent a right turn into the drive-through lane. Whilst this may not deter all drivers who may attempt to turn right, it would be rare, based on the evidence before me, for all 14 spaces within the drive-through lane to be occupied. I therefore consider it unlikely that there would be lengthy queues along the access road towards Greyhound Park Road. 15. I note concerns relating to the reduction in the number of parking spaces, but this existing car park operates with spare capacity.

Land off Greyhound Park Road, Greyhound Retail Park, Chester, Cheshire, CH1 4QG — Cheshire West and Chester — Appeal Decision There is further provision on nearby car parks that serve these retail parks and given that many of those that will utilise the drive-through element of the proposal will not require parking, I consider the reduced parking provision resulting from the proposal would not be unacceptable. 16. The proposal would see minor changes to the existing access, but the extent of the realignment would be small and it would not have a significant impact on queue lengths on Greyhound Park Road. The height of any boundary treatment can be limited to ensure visibility. I note reference to accident data, but I am satisfied given the aforementioned factors, that there would not be an unacceptable impact on highway safety. 17. I therefore conclude that the proposed development would not have an unacceptable adverse impact on highway safety. As such, there would be no conflict with Policy STRAT 10 of the Local Plan Part 1 which requires, amongst other matters, for new development to accommodate additional traffic safely. It would also not conflict with the Framework, which seeks at paragraph 110, to ensure that safe and suitable access to the site can be achieved for all users.

Land off Greyhound Park Road, Greyhound Retail Park, Chester, Cheshire, CH1 4QG — Cheshire West and Chester — Appeal Decision 1 Situated in this same group of retail parks that the appeal site forms part of. https://www.gov.uk/planning-inspectorate 3

Land off Greyhound Park Road, Greyhound Retail Park, Chester, Cheshire, CH1 4QG — Cheshire West and Chester — Appeal Decision 1 Situated in this same group of retail parks that the appeal site forms part of. https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/A0665/W/22/3296284 18. Reference has been made to Policy T 5 of the Local Plan Part 2, but the details of the policy that have been provided relates to rail corridors and it is not relevant to the appeal before me. Other Matters 19. The Council has stated that they have, in making reference to another appeal2 within the area, applied the development plan consistently. I have no reason to doubt this, but as the Council has acknowledged, each proposal should be considered on its own merits, and I have found the appeal development to be acceptable for the reasons set out. Conditions 20. I have considered the conditions suggested by the Council and consultees, having regard to the six tests set out in the Framework. For the sake of clarity and enforceability, I have amended the wording of some of the suggested conditions as appropriate. 21. A construction management and highway management plan is required given the site forms part of a car park on an existing retail park and a condition is required to ensure adequate drainage of the site.

Land off Greyhound Park Road, Greyhound Retail Park, Chester, Cheshire, CH1 4QG — Cheshire West and Chester — Appeal Decision It is essential for both of these to be pre-commencement conditions to ensure there is no adverse impact on highway safety and for the reason of flood prevention respectively. 22. A further condition is required to address risks from flooding which includes securing flood mitigation and flood emergency response measures, and I consider a condition is necessary in the interests of highway safety requiring details of any structure, walls, fences or means of enclosure to be agreed with the LPA. In the interests of character and appearance, a condition is necessary requiring the submission and agreement of materials. Conclusion 23. I conclude that the proposed development would accord with the development plan as a whole and there are no other considerations, including the Framework, that indicate that I should take a different decision other than in accordance with this.

Land off Greyhound Park Road, Greyhound Retail Park, Chester, Cheshire, CH1 4QG — Cheshire West and Chester — F Rafiq INSPECTOR 2 Ref: APP/A0665/W/22/3295847 https://www.gov.uk/planning-inspectorate 4

Land off Greyhound Park Road, Greyhound Retail Park, Chester, Cheshire, CH1 4QG — Cheshire West and Chester — F Rafiq INSPECTOR 2 Ref: APP/A0665/W/22/3295847 https://www.gov.uk/planning-inspectorate 4 Appeal Decision APP/A0665/W/22/3296284 Schedule of Conditions 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan (Dwg No: P AL-00-001), Block Plan (Dwg No: P AL-00-002), Existing Site Plan (Dwg No: P AL-00- 003), Car Park Plan (Dwg No: P AL-00-101 Rev A), Floor Plan – As Proposed (Dwg No: P AL-20-002), Proposed Roof Plans (Dwg No: P AL- 20-003), Elevations – As Proposed (Dwg No: P AE-20-001), Site Plan – As Proposed (Dwg No: P AL-20-100 Rev L) and Complete Site Plan – As Proposed (Dwg No: P AL-20-102 Rev D). 3) No development shall commence until details of a drainage scheme has been submitted to and approved in writing by the Local Planning Authority (LPA). The scheme shall provide for the disposal of foul, surface and land water, and include an assessment of the potential to dispose of surface and land water by sustainable means.

Land off Greyhound Park Road, Greyhound Retail Park, Chester, Cheshire, CH1 4QG — Cheshire West and Chester — F Rafiq The development shall be implemented in full in accordance with the approved details prior to the first occupation of the development hereby permitted and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with the public sewerage system. 4) Prior to the commencement of development, a construction management and highway management plan shall be submitted to and approved in writing by the LPA. The plan shall set out all works within the highway, include a timetable of works and details of construction compounds and signage. The approved plan shall be adhered to throughout the construction period and the measures shall be retained and facilities used for the intended purpose for the duration of the construction period. 5) No above ground works shall take place until details and samples of all proposed external facing materials have been submitted to and approved in writing by the LPA. Development shall be carried out in accordance with the approved details.

Land off Greyhound Park Road, Greyhound Retail Park, Chester, Cheshire, CH1 4QG — Cheshire West and Chester — F Rafiq 6) The development shall not be brought into use until the surface water drainage scheme has been implemented in accordance with the approved Drainage Strategy (Drawing Reference BKG-SUT-ZZ-XX-DR-C-0002 P01) and the flood mitigation and flood emergency response has been implemented in accordance with the Flood Warning and Evacuation Plan (Document Reference: UK14-21120). 7) No structures, walls, fences or other means of enclosure shall be erected on the site unless their size, materials and location have been submitted to and approved in writing by the LPA. The development shall thereafter be carried out in accordance with the approved details. End of Conditions https://www.gov.uk/planning-inspectorate 5