Agenda item

The Committee received a presentation from the Case Officer setting out the main issues in respect of the application, recommending approval and drawing members’ attention to the late items.

 

The Committee then asked technical questions after which they received statements from members of the public expressing their views regarding this application as follows:

 

Mr A. J Cook, a local resident, spoke in opposition to the application.

Miss Emma Frampton, on behalf of Mrs Frampton, a local resident, spoke in opposition to the application.

Mr N Bollen, a local resident, spoke in opposition to the application.

Mr Giles Brockband, the agent, spoke in support of the application.

Cllr Tom Hall, of Colerne Parish Council, spoke in support of the application.

 

On hearing the views of Cllr Sheila Parker, the local member, who spoke in opposition in principle to the application, but recommended conditions should permission be granted, the Committee discussed the application with regard to the following key points:

 

-          Principle of development

-          Conversion of the building

-          Creation of local employment

-          Impact on highways

-          Impact on residential amenity

-          Impact on the AONB

 

On discussing the merits of the application, it was,

 

Resolved

 

To permit the application for the following reason:

 

The proposed conversion of this hangar is sympathetic to its character and the environment in which it is located and would preserve the natural beauty of the AONB. The provision of live/work units will diversify the employment offer at the site in comparison with the existing low density employment in the hangar. Due to the siting of the hangar it would not result in any overlooking or loss of privacy for adjacent residential units. Furthermore, views of the hangar and side and end elevations can be mitigated via landscaping. No noise and nuisance to the detriment of the amenities of existing or proposed residents would occur as a consequence of the development and it is not considered to be detrimental to highway safety. The proposal is thus considered to accord with Policies C3, C4, NE4, NE15, NE18, BD2 and BD6 of the Local Plan 2011.

 

And subject to the following conditions:

 

1.      The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

REASON:  To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

2.      No development shall commence on site until details of the roof of the hangar and external walling of the units have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

REASON: In the interests of visual amenity and the character and appearance of the area.

 

POLICY-C3

 

3.      Prior to the commencement of the development hereby permitted, details of the following matters (in respect of which approval is expressly reserved) shall be submitted to, and approved in writing by, the local planning authority:

 

(1)  any walls, fences, gates and other means of enclosure;

(2) ground surfacing materials;

(3 bin storage;

(4) cycle storage;

 

The development shall be carried out in accordance with the details so approved and completed prior to the use or occupation.

 

Reason:  In the interests of amenity and satisfactory layout.

 

4.      No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:

 

(a) indications of all existing trees and hedgerows on the land;

(b) details of any to be retained, together with measures for their protection in the course of development;

(c) all species, planting sizes and planting densities, spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works;

(d) finished levels and contours;

(e) means of enclosure;

(f) car park layouts;

(g) other vehicle and pedestrian access and circulation areas;

(h) hard surfacing materials;

(i) minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

(j) proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc).

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

5.      No more than 50% of the approved dwellings shall be occupied until:

 

a)           A scheme for the laying out and equipping of the play area shown on the submitted plan, to include landscaping, boundary treatment and provision for future maintenance and safety checks of the equipment has been submitted to and approved in writing by the Local Planning Authority and;

 

b)            The play area has been laid out and equipped in accordance with the approved scheme.  

 

REASON: To ensure that the play area is provided in a timely manner in the interests of the amenity of future residents.

 

6.      The detailed landscaping plans to be submitted pursuant to condition no. 8 shall include a 1:200 scale plan showing the position of any trees proposed to be retained and the positions and routes of all proposed and existing pipes, drains, sewers, and public services, including gas, electricity, telephone and water. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order, 1995 (or of any Order revoking and re-enacting or amending that Order with or without modification), no services shall be dug or laid into the ground other than in accordance with the approved details without the further written approval of the Local Planning Authority.

 

REASON: To ensure the retention of trees on the site in the interests of visual amenity.

 

7.      Prior to the commencement of the development hereby permitted, details of all new external joinery, windows and doors shall be submitted to, and approved in writing by, the local planning authority.  These details shall include depth of reveal, materials and full drawings including both horizontal and vertical sections, to a scale of not less than 1:10.  The development/works shall be completed in accordance with the approved details and at no time shall the approved joinery be altered without the prior written approval of the local planning authority.

 

Reason:  To enable the local planning authority to be satisfied with the completed appearance of the development.

 

8.      No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access/driveway), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first brought into use until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained.

                       

9.      No development shall commence on site until details of the works for the disposal of sewerage have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans.

 

REASON: To ensure that the proposal is provided with a satisfactory means of drainage.

 

10.    Any floodlighting or external lighting proposed to illuminate the outside, internal communal areas of the development and private spaces between the units and the shell shall be compliant with the Institute of Lighting Engineers (ILE) recommendations for such a development, including during the construction process.  Details shall be submitted to and approved in writing by the Local Planning Authority before the use commences.  The development shall be carried out in accordance with the approved details and there shall be no other external illumination of the development.

 

Reason: In the interests of amenity.

 

11.    A scheme for the ventilation of fumes and odours arising from the use hereby permitted shall be submitted for the approval of the Local Planning Authority.  The scheme shall include the number and volume of air changes.  The use shall not commence until the approved scheme has been installed and made fully operational, and thereafter it shall be operated and maintained as long as the use continues.

 

Reason: In order to ensure that fumes and odours are properly discharged and in the interests of the amenities of residential properties in the locality.

 

 

12.    No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been carried out and all of the following steps have been complied with to the satisfaction of the Local Planning Authority:

 

Step (i) A written report has been submitted to and approved by the Local Planning Authority which shall include details of the previous uses of the site for at least the last 100 years and a descri0ption of the current condition of the site with regard to any activities that may have caused contamination.  The report shall confirm whether or not it is likely that contamination may be present on the site.

 

Step (ii) If the above report indicates that contamination may be present on or under the site, or if evidence of contamination is found, a more detailed site investigation and risk assessment has been carried out in accordance with DEFRA and Environment Agency’s “Model Procedures for the Management of Land Contamination CLR11” and other authoritative guidance and a report detailing the site investigation and risk assessment shall be submitted to and approved in writing by the Local Planning Authority.

 

Step (iii) If the report submitted pursuant to step (i) or (ii) indicates that remedial works are required, full details have been submitted to the Local Planning Authority and approved in writing and thereafter implemented prior to the commencement of the development or in accordance with a timetable that has been agreed in writing by the Local Planning Authority as part of the approved remediation scheme.  On completion of any required remedial works the applicant shall provide written confirmation to the Local Planning Authority that the works have been completed in accordance with the agreed remediation strategy.

 

Reason:  To ensure that land contamination can be dealt with adequately prior to the use of the site hereby approved by the Local Planning Authority.

 

13.    No development shall commence on site until the new access has been constructed in accordance with details submitted to and approved in writing by the Local Planning Authority.

 

Reason:  In the interests of highway safety.

 

14.    No part of the development hereby permitted shall be first occupied until the off-site highway works have been completed in accordance with details submitted to and approved in writing by the Local Planning Authority.

 

Reason:  In the interests of highway safety.

 

15.    No part of the development hereby permitted shall be first occupied until parking spaces have been completed in accordance with the details shown on the approved plans.  The areas shall be maintained for those purposes at all times thereafter.

 

Reason:  In the interests of highway safety.

 

16.    The areas allocated for parking on the approved plan shall be kept clear of obstruction and shall not be used other than for the parking of vehicles in connection with the development hereby permitted.

 

Reason:  In the interests of amenity and road safety.

 

17.    The employment space pertaining to the live/work units shall be used for Class B1 office uses only and for no other purpose except that which may have first been agreed in writing with the Local Planning Authority.

 

Reason: In the interests of residential amenity.

 

18.    The work element of each live/work unit hereby permitted shall only be occupied by the occupier of the residential use and his/her employees and not form a separate entity/unit.

 

Reason: In the interests of residential amenity.

 

19.    Activities relating to deliveries to commercial premises including businesses at live/work units shall only take place between 08:00 and 18:00 hours on Monday to Saturday and not at all on Sundays or Bank Holidays.

 

Reasons: In the interests of residential amenity.

 

20.    Activities relating to the collection of refuse (including disposal and collection of bottles and glass) shall take place between 08:00 and 18:00 hours Monday to Saturday and no Sundays or Bank/Public Holidays.

 

Reason: In the interests of residential amenity.

 

21.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no garages, sheds or other ancillary domestic outbuildings shall be erected anywhere on the site edged in red on the approved plans.

 

Reason:  In the interests of the amenity of the area.

 

22.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no satellite dishes shall be installed on the exterior of any of the buildings forming part of the development hereby permitted.

 

Reason:  In the interests of the character and appearance of the building(s) and the area.

 

23.    No television or radio aerial, satellite dish or other form of antenna shall be affixed to the building without the prior written consent of the local planning authority.

 

Reason: To safeguard the character and quality of the building.

 

24.    Prior to the occupation of the units hereby permitted the removal or refurbishment of existing additions indicated to be removed shall have taken place in accordance with the approved plans.

 

Reason: In the interests of visual amenity.

 

25.    The construction of any part of the development hereby granted shall not include the use on site of machinery, powered vehicles or power tools before 08:00 hours or after 18:00 hours on any weekday, nor before 08:00 hours or after 13:00 hours on any Saturday nor at all on any Sunday or Bank or Public Holiday without the prior approval in writing of the Local Planning Authority.

 

Reason:  In the interests of the amenity of local residents.

 

26.   The development hereby permitted shall be implemented in accordance with the submitted plans and documents listed below. No variation from the approved plans should be made

        without the prior approval of the local planning authority.   Amendments may require the submission of a further application.

       Drawings nos:

       P (0) 02, 03 and 07B dated 8/2/10

       P (0) 21 dated 28/5/10

       SK6 and 7 dated 13/7/10

       P (0) 32 dated 16/7/10

       P (0) 06C, 13A, 15D, 16D, 30 and 31 dated 11/8/10

       P (0) 01B, 05F, 10D, 11D, 12C and 20C dated 7/9/10

       Documents:

Transport Statement/Supporting Statement/Design and Access        Statement and Structural

       Feasibility Study dated 8/2/10

       Additional Structural Feasibility Study 27/5/10

       Waste Audit 13/7/10

Design Intent Statement for the Prevention of Obtrusive Lighting         16/7/10

 

  Reason: To ensure that the development is implemented as        approved.