Sainsbury Supermarkets Ltd, 19 Military Road, HYTHE, CT21 5AS

Sainsbury Supermarkets Ltd, 19 Military Road, HYTHE, CT21 5AS — Folkestone and Hythe District Council — Appeal Decision Site visit made on 11 July 2024 by D M Young JP BSc (Hons) MA MRTPI MIHE an Inspector appointed by the Secretary of State Decision date: 2 August 2024 Appeal Ref: APP/L2250/W/24/3340654 Sainsbury’s Supermarkets Ltd, 19 Military Road, Hythe, CT21 5AS • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Sainsbury's Supermarkets Ltd against the decision of Folkestone and Hythe District Council. • The application Ref is 23/0895/FH. • The development proposed is the erection of an ancillary retail pod unit in conjunction with advertisements. Decision 1. The appeal is allowed, and planning permission is granted for the erection of an ancillary retail pod unit in conjunction with advertisements. at Sainsbury Supermarkets Ltd, HYTHE, CT21 5AS in accordance with the terms of the application, Ref 23/0895/FH, subject to the following conditions: 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with drawing nos. SK-A-9322-REV 1, SK-A-9121-REV 2, SK-A-9323-REV 1 and SK-A-9325.

Sainsbury Supermarkets Ltd, 19 Military Road, HYTHE, CT21 5AS — Folkestone and Hythe District Council — Appeal Decision 3) The premises shall not be open to the public, nor shall deliveries be taken or despatched from the building outside of the following times: Monday to Saturday 0730 – 2200 hours and Sundays 1000 – 1600 hours. 4) Notwithstanding the details shown on the approved plans, the rear (south) elevation of the retail pod hereby approved shall be finished in a neutral colour, details of which shall first be submitted to and approved in writing by the local planning authority. Main Issue 2. The main issue is the effect of the development on the character and appearance of the area. Reasons 3. The appeal concerns the erection of a single-storey retail pod within the car park of Sainsbury’s supermarket to the west of Hythe town centre. The building would be a small addition to the site, positioned close to the front of the building. It would have a height of 2.5 meters, a width of 6.7 meters and a depth of 2.7 meters. According to the Council, the pod would be occupied by a dry-cleaners, key cutting and watch repair business. https://www.gov.uk/planning-inspectorate

Sainsbury Supermarkets Ltd, 19 Military Road, HYTHE, CT21 5AS — Folkestone and Hythe District Council — Appeal Decision Appeal Decision APP/L2250/W/24/3340654 4. The appeal site is in the south-east corner of the car park close to the front entrance of the supermarket. The car park provides parking for some 263 vehicles and is not dissimilar in layout and appearance to the majority of supermarket car parks up and down the country. The appeal site is outside but close to the northern edge of the Hythe Conservation Area (HCA). 5. Although retail pods of this kind have become a familiar feature within supermarket car parks in recent years, the Council argues the development would be out of keeping with its surroundings. Its concerns appear to relate solely to the way the pod would be viewed from Military Road to the south. 6. I acknowledge the pod would be visible from Military Road which forms the northern boundary of the HCA. From here it would occupy an elevated position behind the perimeter fencing. As I saw when I visited the site, there is extensive on-street parking along Military Road which severely limits views of the appeal site from the HCA. 7. While the proportions of the pod would be relatively modest compared to the adjacent retail store, it would be more conspicuous than the parked vehicles that currently occupy the space.

Sainsbury Supermarkets Ltd, 19 Military Road, HYTHE, CT21 5AS — Folkestone and Hythe District Council — Appeal Decision Nonetheless it would be seen and understood in the context of the immediately adjacent retail store which dominates the northern side of Military Road at this point. The Appellant confirms that the pod would be neutral in colour. For these reasons, I do not consider it would appear unusual, out of keeping or result in harm to the HCA. 8. I thereby conclude that the proposed development would not conflict with Policies HB1 and HE1 of the Folkestone & Hythe Places and Policies Local Plan 2020. Among other things, these seek development that respects its surroundings in terms of layout, scale, proportions and massing. Conditions 9. I have imposed conditions relating to time limits and the approved plans to provide certainty. A condition restricting the opening hours is necessary to protect the living conditions of local residents. I have however amended the suggested condition so that the hours reflect those of the supermarket. I have also amended the materials condition suggested by the Council to ensure the rear elevation is finished in a neutral colour. This is necessary to ensure the development does not result in harm to views from the HCA. Conclusion 10. For the reasons given above the appeal should be allowed.

Sainsbury Supermarkets Ltd, 19 Military Road, HYTHE, CT21 5AS — Folkestone and Hythe District Council — D M Young INSPECTOR https://www.gov.uk/planning-inspectorate 2