Agenda item

Proposal: The erection of 1 commercial unit and the erection of an extension to existing unit with associated parking and turning facilities.

The Area Lead Planner presented the application as detailed in the agenda and explained to members the reason the application is presented to committee was that the Council is part-owner of part of the site.

With the aid of a powerpoint presentation she proceeded to show the site and proposed plans.  She also updated members that a request had been received from the applicant requesting that the landscaping condition be amended to ‘pre occupation’ rather than ‘pre-commencement’ as they were very keen to start work on site as soon as possible.  She was happy to agree this amendment.

In conclusion she referred to the key consideration being the principle of development, protection of Ecology/Trees and Highways and concluded that after considering all of the responses and advice, as outlined in the agenda report, her recommendation was therefore to approve the application and the conditions as set out in the agenda report with the amendment to condition 05 regarding landscaping of the site.

In response to a members’ question the Area Lead Planner confirmed that all existing trees were protected with no further trees to be removed from the site.

The agent then addressed the committee and said this proposal would provide extra commercial space for a successful local firm and help the expansion of other businesses in the area.  He voiced his disappointment at the considerable length of time it has taken for a decision to be made on this application and asked that the committee make further amendments to the conditions in order for his client to be able to commence work immediately without further delay and help put new jobs in the town. 

In response the Area Lead Planner acknowledged the length of time the application had taken to be brought to committee, however explained the trees on site would need to be fully protected before any work starts on site and reiterated her agreement to amend the landscape condition as previously stated.  She gave her commitment to work with the applicant to bring forward any discharge of conditions as quickly as possible and agreed to inform the Area South committee the time taken for work to commence on site.

Following a short debate members agreed to adjourn the meeting to seek legal advice on the request to make amendments to the proposed conditions of the application.

Following the break the Senior Planning Lawyer advised members that it would not be appropriate at this time to re-negotiate changes to the conditions of the application with the agent, other than those amendments previously stated and agreed with by the Area Lead Planner regarding the landscape condition. She explained conditions were drafted for good reason, for example to ensure the protection of the trees and in guidance with relevant officers; they should not be altered at this time.

Ward member, Councillor Peter Seib voiced his support of the application and was disappointed that it had taken so long to make a decision on the plans.  He said it was a good proposal that was much needed and we should therefore get on with it.

There being no further debate it was then proposed and subsequently seconded to approve the application as per the officer’s recommendation, as set out in the agenda report, with the amendment to condition 05 to include ‘prior to the first occupation of any part of the development hereby approved’. 

On being put to the vote this was carried unanimously.

RESOLVED:

That application 18/01265/FUL be approved for the following reasons:

01.       The proposed development is considered to constitute sustainable development, being located appropriately on allocated employment land within the urban framework of Yeovil, having an acceptable impact on the amenity of nearby residents and the wider environment, and causing no harm to the safety and convenience of all users of the highway network close to the site.  The Council has had regard to the purpose of conserving biodiversity, and has had special regard to the desirability of preserving nearby Listed Buildings and their settings. The scheme, as would be controlled by the recommended conditions, is considered to accord with the terms and objectives of national and local planning policy and guidance, comprising the NPPF 2018 and the adopted South Somerset Local Plan 2006 - 2028 with particular regard to the following policies: SD1, SS1, SS3, EP3, TA1, TA5, TA6, EQ1, EQ2, EQ3, EQ4, EQ5 and EQ7.

SUBJECT TO THE FOLLOWING:

01.       The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

            Reason:  To accord with the provisions of section 91(1) of the Town and Country Planning Act 1990.

02.       The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

            Ecological Appraisal prepared by Crossman Associates, referenced B1119.023 issue One, and dated 27 March 2018;

            Tree Survey and Arboricultural Impact Assessment prepared by Hellis Arboriculture and Landscape Design, referenced 17/10/167/NH, and dated September 2018;

            Drainage Strategy prepared by JVT Consulting Engineers Ltd., referenced JVT/JPT/1299, and dated 13th April 2018;

            Surface Water Disposal Philosophy prepared by JVT Consulting Engineers Ltd., referenced JVT/JPT/1290, Revision A and dated 26th February 2018;

            Drainage Strategy drawing referenced 1299/001 Stage 4 Rev A dated 03 September 2018;

            3804-LCPP_YEOVIL-RIL-00-XX-DR-A-0001-LOCATION-P1-R2;

            3804-LCPP_YEOVIL-RIL-00-XX-DR-A-0003-SITE-P3-R4;

            3804-LCPP_YEOVIL-RIL-B1-XX-DR-A-0004-BUILDING_01-P3-R1;

            3804-LCPP_YEOVIL-RIL-B2-XX-DR-A-0005-BUILDING_02-P1-R1;

            3804-LCPP_YEOVIL-RIL-00-XX-DR-A-0007-SECTIONS-P3-R3;

            3804-LCPP_YEOVIL-RIL-00-XX-DR-A-0009-SITE-P3-R2;

            3804-LCPP_YEOVIL-RIL-00-XX-DR-A-0010-LORRY1-P3-R2;

            3804-LCPP_YEOVIL-RIL-00-XX-DR-A-0011-LORRY2-P3-R2;

            Reason: For the avoidance of doubt and in the interests of proper planning.

03.       Prior to the commencement of development on the site, including any demolition or site clearance operations, a Construction Environment Management Plan shall be submitted to and approved in writing by the Local Planning Authority, the content of which shall include details of:

            a) the location of a temporary works compound for the storage of building materials, construction staff offices and welfare facilities and  storage of construction waste;

            b) the points of accesss and egress to and from the site for construction vehicles;

            c) parking provision for construction staff;

            d) the location and drainage arrangements for vehicle and wheel washing facilities;

            e) temporary security fencing or hoardings around the site;

            f) the temporary lighting scheme for the site and compound, and hours of illumination;

            g) a noise management scheme, including details of construction vehicles' manoeuvring alarms;

            h) hours of working within the site, which shall include hours of receipt and dispatch of materials and waste to and from the site, and

            i) means of contacting the site manager during and out of working hours, to be displayed on a location accessible by the public.

            The construction activities shall be carried out in accordance with the approved details, and on completion of the construction phase all temporary compound facilities, hoarding, fencing, lighting and parking areas shall be removed from the site.  

            Reason: to ensure that the development is carried out in a manner that ensures the safety and convenience of residents and other users of the locality, and in the interests of the protection of the environment, in accordance with policy EQ2 and EQ7 of the South Somerset Local Plan 2006 - 2028.

04.       Prior to the commencement of the development, including any site vegetative clearance, demolition of existing structures, ground-works, heavy machinery entering the site or the on-site storage of materials, a scheme of tree and hedgerow protection measures (to specifically include details of the phased installation of no-dig anti-compaction permeable hard-surfacing within the designated Root Protection Area of the Lime tree described within the application as 'T6') shall be prepared by a suitably experienced and qualified arboricultural consultant in accordance with British Standard 5837: 2012 - Trees in relation to design, demolition and construction and submitted to the Council for its approval.  Upon approval in writing from the Council, the tree and hedgerow protection measures (specifically the installation of fencing and signage) shall be installed and made ready for inspection.  A site meeting between the appointed building/groundwork contractors and a representative of the Council (to arrange, please call: 01935 462670) shall then be arranged at a mutually convenient time.  The locations and suitability of the tree and hedgerow protection measures shall be inspected by a representative of the Council and confirmed in writing by the Council to be satisfactory prior to any commencement of the development (including groundworks).  The approved tree and hedgerow protection requirements shall remain implemented in their entirety for the duration of the construction of the development and the protective fencing and signage may only be moved or dismantled with the prior consent of the Council in writing.

            Reason: To preserve the health, structure and amenity value of existing landscape features (trees and hedgerows) in accordance with the terms and objectives of local and national planning policy and guidance, as set out in Policies EQ2, EQ4 and EQ5 of the South Somerset Local Plan 2006 - 2028 and in guidance contained in the NPPF 2018.

05.       Prior to the first occupation of any part of the development hereby approved, a scheme of landscaping for the site shall be submitted to and approved in writing by the Local Planning Authority.  This scheme shall include details of all existing trees and other vegetation on the site that are to be retained, together with a programme of new tree and shrub planting, and a management regime for the landscaping to cover the period of five years from the date of planting of the last specimen in the approved scheme.  New planting shall comprise planting stock of UK-provenance only, and the landscaping scheme shall include the planting locations, numbers of individual species, sizes at the time of planting, details of root volumes and the approximate intended date of planting. The installation details regarding ground preparation, weed suppression, staking, tying, strimmer guarding and mulching shall also be included within the scheme. All planting comprised in the approved details shall be carried out within the next planting season following the first occupation of any aspect of the development hereby approved; and if any trees or shrubs which within a period of ten years from the completion of the development die, are removed or in the opinion of the Council, become seriously damaged or diseased, they shall be replaced by the landowner in the next planting season with trees/shrubs of the same approved specification, in the same location; unless the Local Planning Authority gives written consent to any variation.

Reason: To ensure appropriate landscaping of the site, to secure an appropriately high quality development in accordance with local and national planning policy and guidance as set out in Policies EQ2, EQ4 and EQ5 of the South Somerset Local Plan 2006 - 2028 and in guidance contained in the NPPF 2018.

06.       The recommendations for further survey work, and for the carrying out of mitigation measures, to identify and protect the biodiversity resource on and in the vicinity of the site, as set out in the Ecological Appraisal prepared by Crossman Associates, dated 27th March 2018 and referenced B1119.023, shall be implemented in full.  The findings of survey work, together with a record of the nature and implementation of any mitigation measures carried out shall be submitted to the Local Planning Authority prior to the commencement of construction works on the site.  If at this point further surveys or mitigation measures are considered to be required in the interests of protected species or habitats on the site their scope and timing shall be set out in writing by the Local Planning Authority, and the construction works on the site shall not commence until these surveys and mitigation measures have been carried out in full, to the written satisfaction of the Local Planning Authority.  

            Reason: To ensure the protection of species and habitats on and in the vicinity of the site in accordance with British and European law, and in accordance with the terms and objectives of local and national planning policy and guidance, as set out in Policies SD1, EQ2, EQ4 and EQ5 of the South Somerset Local Plan 2006 - 2028, and in guidance contained in the NPPF 2018. 

07.       No construction of the buildings hereby permitted shall be commenced until details of the type, finish and colour of all external materials of the buildings shall have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.

            Reason: To secure an appropriately high standard of design and appearance for the development, in accordance with the terms and objectives of Policies SD1 and EQ2 of the adopted South Somerset Local Plan 2006 - 2028 and of guidance contained within the NPPF 2018. 

08.       No energy-generation or -recovery installation, resource re-cycling equipment, flue, chimney, extractor or emissions equipment, air conditioning or refrigeration unit or other apparatus, or its housing, shall be erected or installed on the external surface of the buildings or elsewhere within the site unless details of its location, dimensions, appearance and the nature, level, rate and intensity of emissions related to it, and measures to mitigate any harmful or undesirable emissions, have been submitted to and approved in writing by the Local Planning Authority.  Installation of the apparatus including its housing and mitigation shall be carried out in accordance with the approved details, and shall be so operated and maintained in good working order for the duration of the activity on the site for which the apparatus was designed.

            Reason: To secure appropriate safeguards for the amenity of nearby residents and to protect the natural environment in the locality in accordance with the terms and objectives of Policies EQ1, EQ2 and EQ7 of the adopted South Somerset Local Plan 2006 - 2028 and with guidance set out in the NPPF 2018.

09.       No part of the development shall be first occupied until a lighting scheme of the site has been implemented in accordance with details that shall have been submitted to and approved in writing by the Local Planning Authority.  The details shall include the location and design of lighting units and the level, cast area and hours of operation of their illumination. The lighting scheme shall demonstrate that its design takes account of the findings and recommendations of the Ecological Appraisal, and any consequent requirements relating to the protection of species and habitats on or in the vicinity of the site, specified in condition X of this permission.  

            Reason: To secure an appropriate lighting scheme for the development, in the interests of crime prevention, the character and appearance of the locality, the impact of the development on the setting of heritage assets in the area and the preservation of protected species and habitats on or using the site and its environs, in accordance with local and national planning policy and guidance as set out in Policies SD1, EQ1,EQ2,EQ3, EQ4, EQ5 and EQ7 of the South Somerset Local Plan 2006 - 2028 and in guidance contained in the NPPF 2018.

10.       No use of the northern access point onto George Smith Way, and no occupation of the extension to Unit 1 or of the new Unit 2 building on the site shall take place until visibility splays measuring 2.4 m back from the carriageway edge and 43 m to the carriageway edge to the north and to the south of a point central to the access shall have been created for both the northern and southern access points identified on the approved plans, such that there is no obstruction to visibility within these areas above 0.6 m above the level of the adjoining carriageway.  The visibility from and of vehicles emerging from the site at either access point shall be maintained as described for the duration of any construction or business activity on the site.  

            Reason: To secure a safe and convenient transport and movement arrangement for all users of the site and of the local highway network, in accordance with the terms and objectives of local and national planning policy and guidance as set out in Policies SD1, TA5 and EQ2 of the South Somerset Local Plan 2006 - 2028 and in guidance contained in the NPPF 2018.

11.       No barrier or gate shall be erected across the access points within a distance into the site of 18.5 m from the edge of the adjoining carriageway.

            Reason:  To prevent unnecessary congestion or danger occurring on the highway as a result of vehicles being unable to enter the site in a single manoeuvre, in accordance with the terms and objectives of local and national planning policy and guidance as set out in Policy T5 of the South Somerset Local Pplan 2006 - 2028 and in guidance contained in the NPPF 2018.

12.       No floorspace within the buildings to which this permission relates shall first be used unless facilities have been erected or installed for the parking of 22 cycles within the site, for staff shower, changing room and locker provision related to each employment unit, and for two electric vehicle charging points, in accordance with design details which shall have previously been submitted to and approved in writing by the Local Planning Authority.  These cycle parking, staff facilities and electric vehicle charging points shall be kept available and in good working order for this purpose for the duration of employment activity within the site. 

            Reason: To secure appropriate facilities within the development, in the interest of enabling and encouraging the adoption of sustainable modes of transport by users of the site, in accordance with the terms and objectives of Policies SD1, TA1, TA5, TA6 and EQ2 of the adopted South Somerset Local Plan 2006 - 2028 and with guidance set out in the NPPF 2018.

13.       Prior to the first occupation of Unit 2 a Measures-only Travel Statement, which indicates how the proposed development will comply with the requirements of the Lufton Employment Travel Plan as revised in September 2009 (ref. 2038 Travel Plan Sept 2009), shall be submitted to and approved in writing by the Local Planning Authority.  The approved development shall thereafter be carried out and operated in accordance with the terms of the Travel Statement. 

            Reason: To secure appropriate sustainable transport practices on the site, which forms part of the Lufton Business Park to which an over-arching Travel Plan applies, in accordance with local and national planning policy and guidance, as set out in Policies SD1, TA1, TA4 and EQ2 of the South Somerset Local Plan 2006 - 2028 and in guidance contained within the NPPF 2018. 

14.       No development hereby permitted shall be first brought into use unless the parking and circulation spaces, including spaces identified for motor cycles and for disabled users, as indicated on the approved drawings have been laid out, surfaced and marked out in accordance with details that shall have been submitted to and approved in writing by the Local Planning Authority.  The parking and circulation space shall be retained as implemented for the duration of business activity on the site. 

            Reason:  To ensure the provision of appropriate car and motorcycle parking and manoeuvring within the site, in the interests of the safe and convenient operation of the local highway network,  in accordance with the terms and objectives of local and national planning policy and guidance, as set out in Policies SD1, TA1, TA5, TA6 and EQ2 of the South Somerset Local Plan 2006 - 2028 and in the guidance contained in the NPPF 2018.

15.       The buildings hereby permitted shall be used only for purposes within classes B1, B2 and B8 of the Town and Country Planning (Use Classes) Order 1987 (as amended) (or any equivalent Class in any other Order amending or revoking and re-enacting that Order), and shall not be used for any other purpose which may be permitted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), including any use where the prior approval of the Local Planning Authority may need to be sought,  without planning permission or permission in principle and technical details consent having first been granted for such development by the Local Planning Authority.  No additional floor space shall be created, by the insertion of a mezzanine, within either building.

            Reason: To safeguard the provision and potential provision of employment land for which the site has been allocated in the Local Plan, to meet the assessed employment needs of the District, and to ensure the provision of adequate parking provision and facilities to enable the adoption of sustainable modes of transport for staff and visitors to the site and to ensure the safe and convenient operation of the local highway network in accordance with Policies SD1, SS1, SS3, EP1, TA1, TA5, TA6 and EQ2 of the adopted South Somerset Local Plan 2006 - 2028, and with guidance contained within the NPPF 2018.

(voting: unanimous)