Agenda item

Public Participation

 

Mrs Jennifer Dunthorne and Mr Beverley Michael Barnes spoke in objection to the application.

 

Mr Dale Evans spoke in support of the application.

 

The Planning Officer introduced the report which recommended that planning application be granted subject to conditions.

 

It was explained that this application for change of use was related to the existing building only. The Committee’s attention was drawn to the changes detailed in the late observations and to condition 15 which detailed the need for an operational statement before any use under the new class. The Committee heard that the existing permission had elements yet to be implemented which included B2 use already and that there were other B2 use operators in close proximity.

 

The Committee then had the opportunity to ask technical questions and it was explained that neighbouring properties were built after the existing planning permission. A query on conditions clarified that the application sought to extend the range of use, not change it, which limited the conditions that could be placed and concerns raised over car parking were not found as highways had raised no objections. The Committee noted the existing B2 use available on the existing permission.

 

Members of the Public then had the opportunity to address the Committee with their views as detailed above.

 

The Local Member, Councillor Chuck Berry spoke in support of the application.

 

The ensuing debate highlighted the need to continue consultation with residents and concern was raised over granting permission with no confirmed end user. The need to give every opportunity in the future for the site to be used was noted.

 

At the end of the debate it was:-

 

Resolved:

 

To GRANT Planning Permission for the following reason:

 

The proposed development is considered to the sustainable and appropriate to the location in principle and the attached conditions provide sufficient mitigation to ensure that there will be no harm to residential amenities. The proposal is in accord with policies C3 and BD3 of the adopted North Wiltshire Local Plan 2011 and Paragraph 14 and Section 1 of the National Planning Policy Framework.

 

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.

 

POLICY-C3

 

2.    The level of noise emitted from the site shall not exceed a Rating level of 45 dB (1hr)(i.e. LAeq(1hr) and free from acoustic features) between 0700 and 2300 hrs Monday to Saturday and a Rating level of 35 dB(5 mins) (i.e. LAeq (5 mins) 35 dB and free from acoustic feature) at any other time as measured on all boundaries of the site at any position where the boundary is contiguous with any part of the curtilage of a residential property.

 

REASON: In the interests of protecting the amenity of residents.

 

POLICY: C3

 

3.    No development shall commence on site until a Green Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include details of implementation and monitoring and shall be implemented in accordance with these agreed details. The results of the implementation and monitoring shall be made available to the Local Planning Authority on request, together with any changes to the plan arising from those results.

 

REASON: In the interests of road safety and reducing vehicular traffic to the development.

 

POLICY-C3

 

4.    No development shall commence on site until details of secure covered cycle parking and changing and shower facilities have been submitted to and approved in writing by the Local Planning Authority.  These facilities shall be provided in accordance with the approved details and made available for use prior to the first occupation of the development hereby permitted and shall be retained for use at all times thereafter.

 

REASON: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than the private car.

 

POLICY-C3

 

5.    No materials, goods, plant, machinery, equipment, finished or unfinished products/parts of any description, skips, crates, containers, waste or any other item whatsoever shall be placed, stacked, deposited or stored outside any building on the site without the prior approval in writing of the Local Planning Authority in the form of a separate planning permission in that regard.

 

REASON:  In the interests of the appearance of the site and the amenities of the area.

 

POLICY C3

 

6.    No further external lighting shall be installed on site whatsoever unless otherwise agreed in writing with the Local Planning Authority in the form of a separate planning permission in that regard.

 

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

 

POLICY: C3

 

7.    No development shall commence on site until a scheme for the discharge of surface water from the site, 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/first occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

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

POLICY: C3

 

8.    No development shall commence on site until details of the works for the disposal of sewerage from the site has 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.

 

9.    a)      No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work).

 

b)        If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species and shall be planted at such time, as may be specified in writing by the Local Planning Authority.

 

c)        No equipment, machinery or materials shall be brought on to the site for the purpose of the development, until a scheme showing the exact position of protective fencing to enclose all retained trees beyond the outer edge of the overhang of their branches in accordance with British Standard 5837 (2005): Trees in Relation to Construction, has been submitted to and approved in writing by the Local Planning Authority, and; the protective fencing has been erected in accordance with the approved details. This fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the Local Planning Authority.

 

In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) above shall have effect until the expiration of five years from the first occupation or the completion of the development, whichever is the later.

 

REASON: To enable the Local Planning Authority to ensure the retention of trees on the site in the interests of visual amenity.

 

POLICY-C3

 

10.No development shall commence on site until details showing ventilation and extraction equipment within the site (including details of its position, appearance and details of measures to prevent noise emissions in accordance with the limits defined in condition 2) have been submitted to and approved in writing by the Local Planning Authority.  The ventilation/extraction equipment shall be installed prior to the building/extension hereby approved is first occupied and shall thereafter be maintained in accordance with the approved details.

 

REASON:  In the interests of the amenities of the area.

 

POLICY-C3

 

 

11.The change of use hereby permitted shall be implemented in complete accordance with plans relating to “Building A” granted planning permission under reference 02/01280/FUL and shall retain parking provision and manoeuvring spaces in accord with 02//01280/FUL.  The extant and as yet unbuilt extensions to the building subject to this application  shall be constructed strictly in accordance with the relevant plans approved under reference 02/01280/FUL unless otherwise agreed in writing with the Local Planning Authority in the form of a separate planning permission in that regard or through the discharge of Condition 15 in respect of the layout of the external areas of the site.

 

Reason:  To define the parameters of the planning permission for the avoidance of doubt.

 

12.Notwithstanding that shown on the submitted plans, there shall be no further doors, windows or any other form of opening whatsoever unless otherwise agreed in writing with the Local Planning Authority in the form of a separate planning permission in that regard.

 

Reason:  For the avoidance of doubt and so as to ensure the amenity of neighboring residents is not adversely affected by the proposal.

 

13.Prior to the first use of the building or site for the permitted purpose, a 2.0m high close boarded acoustic fence shall be erected in a position adjacent the southern and south western site boundaries adjacent neighboring residential properties.

 

Reason:  In the interests of securing a form of development that will not cause an unacceptable impact upon the amenities of the neighbouring residential occupiers.

 

14.Prior to the first use of the building for any purpose within Class B2 an Operational Statement shall be submitted to an approved in writing by the Local Planning Authority. The statement shall include but not be limited to:-

• A detailed description of the processes to be undertaken
• An internal and external layout of the building showing how the manufacturing areas will be laid and will operate, the location of storage and offices and the areas for lorry parking, manoeuvring, loading and unloading
• An assessment of the noise emitted from the building assessed on all boundaries of the site at any position where the boundary is contiguous with any part of the curtilage of a residential property and based on the full operational activities of the proposed occupant to assess compliance with condition 2 and noise rating levels contained therein.
• A description of any dust, fumes or odour likely to be produced by internal or external activities and how they will be monitored and mitigated.
• Hours of operation and servicing patterns
• Number of employees and shift patterns

 

The use shall thereafter operate in accordance with the approved statement.

 

REASON: in the interests of safeguarding the residential amenities of neighbouring properties.

 

POLICY: C3

 

15.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.

 

Plans: 0158/73855; PL/01; PL/02 Dated 09/07/2012

 

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

 

Informative:

 

1.  Wiltshire Council would encourage any commercial operator seeking to occupy the site to carry out consultation with local residents before occupation in an effort to establish working patterns that seek to minimise the impact upon the surrounding area and in particular the impact on those neighbouring residential properties nearest to the site boundary.