Agenda item

Report No: DEV/SE/18/014

Variation of condition 8 of DC/14/2087/OUT to remove use class restrictions limiting B1 (c) light industry to ancillary areas of individual buildings only, allowing for a general B1 (a) (b) (c) light industrial use across the whole site

Variation of condition 8 of DC/14/2087/OUT to remove use class restrictions limiting B1 (c) light industry to ancillary areas of individual buildings only, allowing for a general B1 (a) (b) (c) light industrial use across the whole site

This application had been referred to the Development Control Committee on 12 March 2018 as it related to a major development and because objections had been received from both Withersfield Parish Council and Haverhill Town Council, along with the Ward Member (Withersfield) and a number of local residents.

At the meeting on 12 March 2018 Members resolved that they were minded to refuse permission, contrary to the Officer recommendation, due to concerns relating to the impact on residential amenity. 

Accordingly, the Decision Making Protocol was invoked which required a risk assessment report to be produced for consideration by the Committee prior to a final decision being made on the application.

In addition to the risk assessment report before Members, a site visit had also been held prior to the meeting.

Officers were continuing to recommended approval of the application as per Paragraph 20 of Report No DEV/SE/18/014.

Speakers:    Councillor Jane Midwood (Ward Member: Withersfield) spoke against the application

                   Mr Paul Sutton (agent) spoke in support of the application

Prior to opening the debate, the Chairman reminded the Committee that the application before Members was purely seeking the variation of a condition for the entire application site.  The extant permission for the development was not up for debate.

In response to comments made by Councillor Midwood in her address to the meeting the Service Manager (Planning – Development) explained that whilst the aerial photograph used in the presentation did not show the residential properties adjacent to the application site other photographs used by the Case Officer did.  Furthermore, Members undertook a site visit and viewed the proximity of the properties in question to the application site.

Councillor Julia Wakelam asked if it would be possible to condition the application to require further tree planting on the application boundary that bordered the residential properties, in order to reduce the impact on residents.  The Principal Planning Officer explained that this would be possible, in principle.

In response to a number of further comments from Members of the Committee, the Service Manager (Planning – Development):

·         Reiterated the linkage of the site’s application history to the Borough’s Vision 2031 Development Plan and Policy HV10;

·         Advised that the Council’s Economic Development & Growth Team had worked alongside the applicant for some time in order to assist with the marketing of the site and did not question the voracity of the marketing undertaken thus far;

·         Stressed that the requested variation of Condition 8 would not prevent research based companies from occupying the site; and

·         Explained that if an application was received for residential development on the site it would be contrary to the Development Plan and would need to be considered in light of this along with policies in the National Planning Policy Framework.

Councillor Peter Stevens spoke in support of the application and moved that it be approved as per the Officer recommendation, this was duly seconded by Councillor David Roach.

Upon being put to the vote and with 7 voting for the motion, 2 against and with 4 abstentions, it was resolved that

Decision

Planning permission be GRANTED subject to the conditions as per outline permission DC/14/2087/OUT except:

Condition 2 to read:

(a)         Application for approval of the reserved matters shall be made to the Local Planning Authority not later than 22 Dec 2024 (this being 10 years from the date of outline permission DC/14/2087/OUT).

(b)         The development hereby permitted shall be begun not later than the expiration of 2 years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Condition 8 to read:

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended (or any Order revoking and re-enacting that Order), the site and all buildings erected thereon shall be used for Class B1 (Business) purposes only and a single hotel (Class C1) as defined in the Town and Country Planning (Use Classes) Order 1987 as amended, or in any legislation revoking or re-enacting that class.