Agenda item

Change of use to light industrial (Class E), variation of condition 10 and 12 attached to permission 19/06790/FUL, extension and alteration to existing building, landscaping and associated works.

Public Participation

 

A statement in objection of the application was received from Mr Mike Fayers neighbouring resident, prior to the meeting, and was read out by a Democratic Services Officer.

 

Ms Becky Stevens, applicant, spoke in support of the application.

 

David Cox, Senior Planning Officer, presented the report which recommended that the Committee delegates and defers authority to the Head of Development Management to secure a s106 deed of variation legal agreement to bind the subject property and site to the proposed revisions and to update the agreement to reflect the proposed change of use to light industrial (Class E), and to secure the appropriate signatures of the landowners to complete the landscaped bund within 3 months of the completion of the rear western lean-to-extension, and thereafter to grant planning permission subject to conditions, for a change of use to light industrial (Class E), variation of condition 10 and 12 attached to permission 19/06790/FUL, extension and alteration to existing building, landscaping and associated works.

 

Reference was made to the presentation slides (Agenda Supplement 1) and the planning history of the site, which included a dismissed appeal. It was confirmed that numerous site visits had been undertaken by planning and public protection officers which had been useful to gain an appreciation of how the subject property operated and used electric forklifts when transporting bulk material from the front of the site. The presence of the internal buffer shutter doors was explained, which in addition to the electric forklifts being relatively quiet and the completed landscaped bund, would ensure that the operations within the subject property would not be harmful to nearby residences. 

 

Key issues highlighted included: principle of development; impact on neighbouring amenity; the legal agreement requirements; and use of planning conditions.

 

Members of the Committee had the opportunity to ask technical questions to the officer. The main points of focus included: the completion and ownership of the bund; the drainage strategy; the potential conditioning of the use of the buffer shutter doors; and noise concerns.

 

In response, the officer clarified that the bund was owned by the freeholders of the business park and not the applicants. However, officers had obtained a written undertaking that the respective owners would sign up to a s106 modification to secure the bund completion within three months of the rear extension being completed and to update the agreement to reflect the proposed change of use. In response to a query raised about the drainage strategy, it was confirmed by officers that the Council’s drainage authority had raised no comments to the extant permission which allowed the extension to be built and that this application proposal did not necessitate a drainage strategy on its own. Officers explained that a condition that would require the opening of one door and the closing of the plant doors would be difficult to enforce, however it was highlighted that the application had been through a lengthy consultation with the Public Protection Team who had raised no objection to the proposed in/out door, and did not seek to impose such a condition.

 

Local Unitary Member, Cllr Trevor Carbin, addressed the Committee and spoke to the complexity of the application and the historic issues associated with it. Cllr Carbin noted his concerns with regard to noise leakage impacting on neighbouring amenities through the doors and acknowledged the work done by officers.

 

Cllr Andrew Davis moved to approve the application in line with officer recommendations.

 

During the debate Members commended officers on the comprehensive list of planning conditions.

 

At the conclusion of the debate a vote was taken on the motion to approve in line with officer recommendations. Following which, it was:

 

Resolved

 

The Committee APPROVED that authority be delegated and deferred to the Head of Development Management to grant planning permission subject to the planning conditions and informatives listed below following securing an amendment to the legal agreement that binds the site which was varied in March 2020 to include the provision of a Class E land use.

 

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. The development hereby permitted shall be carried out in accordance with the following approved plans:

 

Site Location Plan, Existing Floor Plan, Existing Elevations, Landscape and Visual Impact Assessment and Noise Assessment – all received 25 May 2021; Existing Site Plan, Proposed Site Layout (VL2020/12/04 B), Proposed Floor Plan, Proposed Site Layout (coloured), Proposed Elevations and Internal Layout Plan – all received 9 June 2021; Updated Design and Access Statement, additional noise report  and ‘Extract Site Plan’ showing additional rail – all received 29 July 2021; and hours of operation agreement email dated 2 November 2021.

 

REASON: For the avoidance of doubt and in the interests of proper planning.

 

3. The use hereby permitted shall only take place between the hours of 0730 and 1900 Mondays to Fridays and between 0900 and 1600 on Saturdays.  The use shall not take place at any time on Sundays and Bank or Public Holidays.

 

REASON:  To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

4. Within 1 month of the date of this permission and prior to any further works commencing on re-grading the bund, an updated Landscape and Ecology Management Plan (LEMP) detailing the extended bund, shall be submitted to the local planning authority for approval in writing. The LEMP shall include, but not be limited to including, the following:

 

a) Comprehensive finalised details of landscaping, planting including tree planting and grass seed sowing, together with a planting schedule and specification, an accompanying landscape plan(s) and details of ongoing management.

b) Details of the 5-year landscape maintenance schedule cited in the Landscape and Visual Impact Assessment (Prepared by Brian Wooding CMLI, December 2020).

c) Details of all proposed ecological enhancement features including bird nesting provision and habitat for Great crested newts and reptiles, with the proposed number and location of features shown on a plan; together with details of the maintenance and monitoring arrangements for these features.

d) Details of the proposed maintenance and management of the site including the safeguarding of the thicket hedge and the mechanism for securing the implementation of the above mitigation. 

 

Thereafter, the development shall be completed in accordance with the approved details and the site shall be managed and maintained in accordance with the measures set out in the approved LEMP in perpetuity unless otherwise agreed in writing with the local planning authority.

 

REASON: To ensure that the proposed landscaping and tree planting is appropriate to the locality, will be accommodated within the scheme layout and will serve a function for ecology and landscape; and to ensure the appropriate maintenance and management of habitats that provide a function in terms of landscape and biodiversity, and incorporation of features within the scheme design and layout that will contribute to delivering biodiversity gain at the application site in accordance with the NPPF 2019, Core Policy 50 of the Wiltshire Core Strategy (Adopted January 2015) and Section 40 of the NERC Act 2006.

 

5. Within 1 month of the date of this permission and prior to any further works taking place pursuant to re-grading of the bund, an updated Landscape and Visual Impact Assessment shall be submitted to the local planning authority for its written approval.

 

REASON: To ensure that the proposed landscaping and tree planting is appropriate to the locality and to help mitigate the intrusion of noise, motion and light pollution in this area, will be accommodated within the scheme layout and will serve a function for ecology and landscape; and to ensure the appropriate maintenance and management of habitats that provide a function in terms of landscape.

 

NOTE: The above updated LVIA shall revise the figures showing the bund to accurately reflect the approved site plan VL2020/12/04 B

 

6. The re-grading of the bund shall be undertaken in strict accordance with the Discussion and Conclusions section of the Extended Phase 1 Ecological Survey (Stark Ecology, September 2019), the pending updated Landscape and Visual Impact Assessment (Prepared by Brian Wooding CMLI, December 2020) and Site Layout Plan (Drawing no. VL.2020/12/04 B received 9 June 2021).

 

The development shall also continue be undertaken in strict accordance with the finalised Great crested newt mitigation strategy as discharged in application 20/03763/DOC and the pending updated Landscape and Ecology Management Plan (LEMP) once submitted to and approved in writing by the local planning authority.

 

The development shall be undertaken with liaison with, and supervision by a suitably licensed, qualified and experienced professional ecological consultant.

 

REASON: To ensure that appropriate and adequate protection, mitigation and compensation for ecological receptors including protected and priority species and their habitats, is implemented in accordance with the NPPF 2019 and Core Policy 50 of the Wiltshire Core Strategy (Adopted January 2015), and to ensure compliance with the Conservation of Habitats and Species Regulations 2017, the Wildlife and Countryside Act 1981 (as amended) and Section 41 of the NERC Act (2006).

 

7. Within 3 months of the completion of the rear (western) lean-to extension and installation of the bunded tank, the bund as shown on the proposed site plan VL2020/12/04 B shall be fully completed on site.

 

REASON: In the interests of visual amenity

 

8. All soft landscaping (comprised in the approved details of conditions 4a and 5) shall be carried out in the first planting and seeding season following the completion of the bund; All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority.  All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

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

 

9. Notwithstanding the provisions of the Town and County Planning (General Permitted Development) (England) Order 2015 (or any other order revoking or re-enacting or amending that order with or without modification), no windows, doors, or other form of openings other than those shown on the approved plans, shall be inserted in the northern or western end elevation(s) of the development hereby permitted.

 

REASON: In the interests of residential amenity

 

10. No external lighting on the recently extended section of unit 8 (as approved under application 19/06790/FUL) or on the lean-to extension subject to this application, shall be installed until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage in accordance with the appropriate Environmental Zone Standards set out by the Institute of Lighting Professionals: Guidance Notes for the reduction Obtrusive Light GN01:2021; have been submitted to and approved in writing by the Local Planning Authority. The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall be installed.

 

REASON: In the interests of protecting protected species and the amenities of the area and to minimise unnecessary light spillage above and outside the development.

 

11. No materials, goods, plant, machinery, equipment, finished or unfished products/parts of any description, skips, crates, containers, waste of any other item whatsoever shall be placed, stacked, deposited or stored outside the extension of Unit 8 permitted under application 19/06790/FUL.

 

REASON: In the interests of the appearance of the site and neighbouring amenity

 

12. No construction works shall be undertaken outside the hours of 0700 to 1800 Monday to Friday and 0900 to 1600 on Saturdays and at no time on a Sunday or Bank Holiday.

 

REASON: In the interests of neighbouring amenity