Agenda item

Report No: DEV/FH/17/001

Single storey B2/B8 industrial units and associated external works (Resubmission of DC/14/2218/FUL)

(Report No: DEV/FH/17/001)

Application for single storey B2/B8 industrial units and associated external works (Resubmission of Planning Application DC/14/2218/FUL).

Prior to the commencement of the consideration of this application, the Case Officer explained that the incorrect version of the block plan had been submitted with the agenda papers.  However, Members of the Committee had now been provided with the correct version and the agenda papers on the website had also been updated.

The application was referred to the Development Control Committee as the Office recommendation of approval, was contrary to the views of Newmarket Town Council.  This was also a major application which had generated significant local interest.

Newmarket Town Council, the District Council Ward Member and local residents (which included 60 letters of objection) had raised various objections to the application, as set out on pages 12 and 13 of the agenda papers.

The Case Officer also explained that Planning Application DC/14/2218/FUL had been the subject of an appeal for the refusal of planning permission for a B2/B8 warehouse and distribution centre on the site.  This appeal had been dismissed and the Inspector’s decision was a significant material consideration in the determination of this revised application.

The Case Officer also provided the following updates which had been received, following the publication of the agenda papers:

1.       An additional letter of objection had been received which raised the following issues:-

-      A loading bay would cause a noise nuisance, particularly to Nos. 30 to 36 and 77 to 81 Studlands Park Avenue.

-      Accoustic barriers could be more effective if built across the loading area itself.

2.       A letter, accompanied by a photograph, had been addressed to all Members.  Members were also in receipt of the Officer response, which corrected several unsubstantiated accusations and defamatory comments and clarified the planning process, in respect of the building of Plot 8.

Officers were recommending that the application be approved, as set out in paragraph 44. of Report No: DEV/FH/17/001.

Councillor Ruth Allen (Member for the Severals Ward) was in attendance to speak on this application.  Councillor Allen explained the local opposition to this proposal and the concerns that the amended plans still remained a gross overdevelopment of the site and was out of keeping with the character of the other units in the area.  These amended proposals would still not resolve the loss of natural light, restricted views,  increased noise for local residents and domination of the whole of the landscape.

It was moved and duly seconded that the application be REFUSED, CONTRARY TO THE OFFICER RECOMMENDATION, for the following reasons:

1.       Contrary to Policy DM2.

2.       Be out of keeping with the character of the area.

3.       Proposed buildings were disproportionate in height.

With the motion for refusal being put to the vote and with 6 voting for the motion and with 7 voting against, the Chairman declared the motion lost.

It was then moved and duly seconded that the application be GRANTED, as set out in paragraph 44. of the report.  With the motion for approval being put to the vote and with 7 voting for the motion and with 6 voting against, it was resolved that

Planning permission be GRANTED, subject to the following conditions:

1.           003 year time limit.

2.           In accordance with approved plans.

3.           Implementation of a programme of archaeological works.

4.           Hours of construction (08:00 to 18:00 Monday to Friday; 08:00 to 13:30 Saturday).

5.           No external generators used outside normal working hours.

6.           Notification of the Local Planning Authority for any extended concrete pouring outside agreed hours of construction.

7.           Scheme of dust mitigation to be submitted and agreed.

8.           No security lights erected on site without prior approval of the Council.

9.           Noise levels restricted to 34dB (A) LA90 (1 hour daytime 07:00 – 23:00) at the boundary of the nearest residential property (that being -10dB(A) below the daytime background noise levels measured as 44 dB(A) LA90 (1 hour daytime 07:00 – 23:00 hours) in noise assessment SA-3418/rv.01) and;

10.        Shall not exceed 25.7dB (A) LA90 (15 minute night time 23:00-07:00) at the facade of the nearest residential property (that being -10dB (A) below the night time background noise levels measured as 35.7dB (A) LA90 (15 minutes night time 23:00 – 07:00 hours) in noise assessment SA-3418/rv.01.).

11.        An acoustic screen as specified in noise assessment SA-3418/rv.01 shall be installed, prior to the development being brought into use.

12.        Prior to the development being brought into use, details of the operational hours of deliveries and working on site shall be agreed in writing with the Local Planning Authority.

13.        No deliveries shall be dispatched until a delivery method statement is provided detailing times of operation in the service yard including the use of roll cages has been submitted to and approved in writing by the Local Planning Authority.

14.        The use and movement of roll cages within the service yard shall take place between the hours of 08:00 to 19:00 Mondays to Fridays and at no other times unless agreed in writing with the Local Planning Authority.

15.        The light intrusion of the external lighting of the premises shall not exceed 10 lux between the hours of 07:00 to 23:00 and 2 lux between the hours of 23:00 to 07:00 at the façade of any neighbouring residential property. The main beam angle of all lights of the premises shall not be more than 70 degrees. Details of the proposed lighting to achieve this condition shall be provided to the Local Planning Authority for approval in writing. (The applicant may wish to refer to the ILP’s ‘Guidance notes for the reduction of obtrusive light GN01:2011).

16.        Details of refuse/bin storage to be agreed.

17.        Parking and manoeuvring areas to be provided before first use.

18.        Foul water drainage scheme to be agreed.

19.        Permitted Development rights removed for additional floor area (including mezzanine level).

20.        Use restricted to B2 and B8 use only.

21.        Development shall be implemented and operated in accordance with the Travel Plan.

Speakers:    Gail Spoore (Resident) spoke against the application.

Councillor Andy Drummond (Newmarket Town Council) spoke against the application.