Agenda item

Report No: DEV/WS/21/043

Planning application - change of use of agricultural storage building to (class B8) storage and distribution as amended by plans received 25th August 2021 specifying a new access driveway

Planning application - change of use of agricultural storage building to (class B8) storage and distribution as amended by plans received 25th August 2021 specifying a new access driveway

This application was referred to the Development Control Committee following consideration by the Delegation Panel.

Furthermore, the Parish Council had submitted objections to the proposal which was in conflict with the Officer’s recommendation of approval, subject to conditions as set out in Paragraph 30 of Report No DEV/WS/21/043.

Attention was drawn to the ‘late papers’ that had been circulated supplementary to the agenda and which contained the correct site plan for the application.

As part of her presentation to the meeting the Senior Planning Officer highlighted the changes that had been made to the scheme over the life of the application, principally in relation to the new access driveway proposed.

Speakers:    Darron McRandal (neighbouring objector) spoke against the application

                   Councillor Nick Clarke (Ward Member: Clare, Hundon & Kedington) spoke on the application

Considerable debate took place on the application with Members posing a number of questions which the Case Officer responded to as follows:

·         External lighting – would be controlled by condition;

·         The bund – was to protect visual amenity and was not to mitigate noise; and it was not considered reasonable to require an acoustic fence to be constructed;

·         Road construction – the Committee were advised as to the reasoning for the six-month period allowed for construction; and

·         Local Plan – the site had been submitted as part of the Local Plan process for housing.

In response to the additional conditions suggested by Councillor Clarke under the public speaking part of the meeting, the Senior Planning Officer explained that fire suppression measures such as a sprinkler system would be covered by the Building Regulations process and couldn’t be applied to a planning permission. Secondly, it would not meet the test of reasonableness to require the applicant to replace the windows referenced, as part of a planning permission.

Councillor David Roach proposed that the application be refused, contrary to the Officer recommendation, due to the proposal being retrospective in nature and not being an appropriate use of a former agricultural building. This was duly seconded by Councillor Andy Neal.

The Service Manager (Planning – Development) explained that she cautioned use of both refusal reasons given and reminded the Committee that retrospective applications were to be determined in the same way as non-retrospective proposals. Furthermore, there were specific policies which related to the re-use of redundant agricultural buildings and the scheme seeking determination was considered to be in accordance with those.

Therefore, if Members were minded to refuse the application contrary to the Officer’s recommendation the Decision Making Protocol would be invoked and a risk assessment would be produced for future consideration by the Committee.

Accordingly, Councillors Roach and Neal withdrew their proposal to refuse the application.

Councillor Roger Dicker then proposed that the application be approved, as per the Officer recommendation. This was duly seconded by Councillor Peter Stevens.

Upon being put to the vote and with 11 voting for the motion and 4 against, it was resolved that

Decision

Planning permission be GRANTED subject to the following conditions:

1.   Demolition or construction works shall not take place outside 08:00 hours to 18:00 hours Mondays to Fridays and 08:00 hours to 13:30 hours on Saturdays and at no time on Sundays, public holidays or bank holidays.

2.   Prior to commencement of the access driveway, including any works of demolition, a Dust Management Statement shall be submitted to, and approved in writing by, the Local Planning Authority. The strategy shall be implemented and maintained in accordance with the approved details.

3.   No lorry or HGV movements, loading and unloading of vehicles or deliveries shall be taken or despatched outside the hours of 08:00 - 17:00 Mondays to Fridays and no deliveries shall be taken or despatched on Saturdays, Sundays and Bank Holidays unless agreed in writing with the Local Planning Authority.

4.   The new access driveway as shown on plan no. 21.070.K0001 C received 25^th August 2021 shall be installed in its entirety within 6 months of the date of this decision. After which all deliveries and dispatch operations, including collections, shall only take place on this access from the new rear access door shown on plan no. 21.070.K0003 A received 25^th August 2021.

5.   All audible alarms to all doors and vehicles kept on site, including fork-lift trucks requiring audible alarms shall be fitted with broadband (white noise) alarms or broadband (white noise) reversing alarms respectively, within 3 months of the date of this permission and retained as such.

6.   A Biodiversity Enhancement Strategy for Protected and Priority species shall be submitted to and approved in writing by the local planning authority within 6 months of the date of this decision.

The content of the Biodiversity Enhancement Strategy shall include the following:

a) Purpose and conservation objectives for the proposed enhancement measures;

b) detailed designs to achieve stated objectives;

c) locations of proposed enhancement measures by appropriate maps and plans;

d) persons responsible for implementing the enhancement measures;

e) details of initial aftercare and long-term maintenance (where relevant).

The works shall be implemented in accordance with the approved details within 6 months of the planning application decision date and shall be retained in that manner thereafter.

7.   Prior to any lighting being installed on site a lighting design scheme for biodiversity shall be submitted to and approved in writing by the local planning authority. The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed (through the provision of appropriate lighting contour plans, lsolux drawings and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory.

All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

8.   Within 6 months of the date of the decision a soft landscaping scheme (detailing the grass mix and planting on the bund, trees on the western side of the bund along with the line of trees around the access ramp as shown on drawing number 21.070.K0001_C) drawn to a scale of not less than 1:200 shall be submitted to and approved in writing by the Local Planning Authority. The soft landscaping details shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants noting species, plant sizes and proposed numbers/ densities. The approved scheme of soft landscaping works shall be implemented not later than the first planting season following commencement of the access road (or within such extended period as may first be agreed in writing with the Local Planning Authority). Any planting removed, dying or becoming seriously damaged or diseased within five years of planting shall be replaced within the first available planting season thereafter with planting of similar size and species unless the Local Planning Authority gives written consent for any variation.   

9.   Development shall be carried out in accordance with the approved plans.