Agenda item

Public participation

Mrs Zoe Clewer spoke against the application

Mr Amrik Chahal spoke in support of the application

Mr Guy Anderson spoke in support of the application

Members considered the application which was recommended for approval.  Issues regarding odours from the take-aways and also parking issues were raised however it was acknowledged that the application would provide much needed affordable housing in the area. 

Resolved:

That planning permission is granted subject to the completion of a unilateral agreement. For the following reasons

The site was historically used for employment purposes but it has been demonstrated that the premises were no longer viable for an employment generating use and therefore the site’s redevelopment for a non employment generating use would be in accordance with the criteria of Policy E16 and supported by PPS3. Moreover as the site is located within the designated Morgan’s Vale and Woodfalls Housing Policy Boundary its redevelopment for residential purposes would comply with the criteria of Local Plan Policy H16.This acceptance in principle would however, be subject to the proposal complying with national guidance as expressed in PPS4 which seeks to protect rural services/facilities. Whilst the proposed flats would be close to restaurants/takeaways and an industrial estate the internal design of the flats has been amended to overcome the noise and odour concerns of the Environmental Health Officer (policy G2). Therefore whilst the design of the apartment building would be unlike any of the other houses in the vicinity, (Policy D2) it will reflect the design of the building to the front of the site. would create a greater variety of accommodation in the area and therefore whilst the building would be out of character with the housing to the east and west, it would not be so incompatible with the appearance of the locality as to adversely affect its character and therefore on balance it is considered that the proposal would be in accordance with national and local guidance.

And subject to the following conditions

1The 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 works shall commence until details of all materials and finishes, and where so required by the Local Planning Authority, samples of such materials and finishes, to be used for the external walls and roof and the parking areas of the proposed development shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

REASON: To secure a harmonious form of development.

POLICY G2 General criteria for development

3 During demolition and construction works, no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following time 0800 to 1800 on Mondays to Saturdays and there shall be no activities/working on Sundays, Bank and Public Holidays.

REASON: To avoid the risk of disturbance to neighbouring dwellings/the amenities of the locality during unsocial hours.

POLICY G2 General criteria for development

4 The development shall be undertaken in accordance with the detailed recommendations of the Report from 24 Acoustics and the drawings ref.nos. 3328/02 Rev S, 3328/03 Rev R, 3328/04 Rev D and 3328/06 Rev Q received on 14 May 2010.

REASON: To secure a harmonious form of development.

POLICY G2 General criteria for development

5 Prior to the commencement of development the applicant shall commission the services of a competent contaminated land consultant to carry out a detailed contaminated land investigation of the site and the results provided to the Local Planning Authority.

The investigation must include

A full desktop survey of historic land use data

A conceptual model of the site identifying all potential and actual contaminants, receptors and pathways (pollution linkages)

A risk assessment of the actual and potential linkages identified

A remediation programme for contaminates identified. The remediation programme shall incorporate a validation protocol for the remediation work implemented, confirming whether the site is suitable for use.

The remediation programme shall be fully implemented and the validation report shall be forwarded to the Local Planning Authority, prior to the first occupation of the dwellings.

REASON: In the interests of public health and safety

POLICY G2 General criteria for development.

INFORMATIVES

1: PARTY WALL ACT

It is noted that the development hereby approved involves construction on or near a boundary with an adjoining property.  The applicant is advised that this planning permission does not authorise any other consent which may be required from the adjoining landowner or any other person, or which may be required under any other enactment or obligation.