Agenda item

Application Proposal: Application to vary condition 6 of approval 16/04084/FUL to allow retail sales from the premises.

The Case Officer presented her report to Members. She explained that the application was to amend a condition of a previously approved permission to allow sales of goods from the premises.

She explained that her recommendation was contrary to the views of the Parish Council and some neighbours. She also advised that since the report had been published, a further letter of objection had been received. She further explained that she had suggested an amendment to condition 5 of the published report, to seasonally restrict sales from the premises; with sales occurring between March and October only. She added that this would make the condition more enforceable.

Using a PowerPoint presentation she provided slides to show the location of the site and photographs taken on and close to the site, including the access. She added that the site was situated approximately 0.8 miles from the A357. She also provided an image to show the proposed area of sales, which was indicated by a red hatched area on a site layout plan. This was a total area of 115 square meters. 

She informed members that permission had been granted in 2016 for two polytunnels, a shade tunnel, a barn and an access track. Condition 6 restricted retail sales in the interest of retail safety and sustainability.

She advised members that a letter of support had been received and 8 letters of objection. A petition, containing 21 signatures, had been received in objection to the application. The objections raised concern over highway safety and that the nursery could turn into a garden centre.

She explained that the applicants’ agent had provided a letter in which he specified that there would be between approximately 2 and 5 additional car movements to the site each day. On reviewing this, the highways authority had raised no objection to the application. She was recommending that the application be approved as detailed in her officer report, with an amendment to condition 5 to seasonally restrict sales from the site.

A member of the public spoke in objection to the application. His comments included;

·         The site was on a single-track road. There have been several traffic incidents.

·         On the 18^th January, the highways authority wrote a letter saying that there should be no further traffic on Cabbage Lane. Following receipt of a letter from the applicant’s agent, which contained nothing new, the highways authority no longer objected.

·         The letter states that there will be 2-5 visits per day, however if this related to wholesale clients, then there is no mention of how many addition members of public will visit each day.

·         A large car parking area has recently been constructed. This will hold 20 or so cars. He suggested that this could be for retail purposes.

·         If the business is successful, there will be no restriction on the number of visitors.

The applicant addressed the Committee. She explained that horticulture was important for the family and it had been their dream to run their own nursery. She further explained that this was a unique site and that there customers were limited to experienced gardeners and garden designers that were seeking unusual plants. She advised that they work hard to run the business in the most environmentally friendly and sustainable way as possible. Sales were essential to make the business viable. The alternatives would be to trade as a wholesale or online business, both of which could generate an increase in traffic. They hoped to be able to provide local employment in the future, as well as being able to host education visits from local schools. 

Councillor Hayward Burt, Ward Member, spoke in objection to the application. He felt that this was not the correct location for this proposal. He referred to comments made by the highway authority in their earlier letter, quoting that the road was very narrow and poorly aligned. He added that there were blind bends on the road. He explained that it was difficult to quantify the number of vehicle movements generated by this application. He felt that an increase in traffic would be detrimental to highway safety and felt that this application should be refused.

Councillor William Wallace, also Ward Member, advised that he concurred with the comments made by Councillor Hayward Burt. He added that the road was often used by horse-riders as there was a riding school further along the narrow lane. He pointed out that the Parish Council had raised objection to application and he felt that local knowledge and views should be considered. He added that he would like to offer support to the rural business, but this would be detrimental to road safety.

The applicant added that they were not a wholesale nursery, and that this not their intention. She also added that the car park was constructed to ensure that visitors could turn around within the site to ensure that the road was not obstructed.

During the discussion, one member commented that the highways authority had raised no objection to the application and that their professional advice should be considered. It was also pointed out that the nursery was already there and that the application would help the business survive.

In response to a question from a Member, the Case Officer advised that the access had been approved through a previous consent. She also advised that it would be very difficult to restrict the number of visitors to the site, however explained that sales would be restricted to a small area within the site and to restrict to the sale of plants grown on the site only. She also reminded members that she had suggested a seasonal restriction to allow sales from March through to October only. She felt that this would be easier to enforce.

In response to a further question from a member, she confirmed that the permission would not be restricted to this business only, and that the permission was specific to the site.

Members discussed whether a seasonal restriction or a day/time restriction, as detailed in the report, was more suitable. It was also suggested that an informative could be added to confirm that the use was for four days a week, however it was subsequently agreed that this should not be added.

It was proposed and seconded that the application should be approved as detailed in the agenda report.

On being put to the vote, this was carried 6 votes in support and 2 against, with no abstentions.

RESOLVED:  that planning application 18/03282/S73A be approved as per the officer report for the following reason;

01.          The proposal to vary the condition to allow ancillary sales from the site would not be harmful to visual amenity, the character of the locality or highways safety and would not be prejudicial to the vitality and viability of the town centre. As such the proposal complies with policies EQ2, EP4, EP11, TA5 and TA6 of the South Somerset Local Plan 2006 - 2028 and the policies contained within the National Planning Policy Framework 2019.

Subject to the following conditions;

01.       Notwithstanding the time limits given to implement planning permission as prescribed by Sections 91 and 92 of the Town and Country Planning Act 1990 (as amended), this permission (being granted under section 73A of the Act in respect of development already carried out) shall have effect from April 2017.

            Reason:  To comply with Section 73A of the Act.

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

            TD813-02B, Plan 1, and Plan 2 received 22 September 2016

            TD813-05A received 04 October 2016

            Drawing number 18151 - 1 - Proposed Site Plan received 08.10.2018

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

03.       The storage building hereby approved shall not be used for the accommodation of livestock, for the storage of slurry or sewage sludge, or for storing fuel for or waste from a biomass boiler or an anaerobic digestion system without the prior written consent of the local planning authority.

            Reason: In the interests of residential amenity and in accordance with policy EQ2 of the South Somerset Local Plan.

04.       There shall be no retail sales from the site, except for plants grown at the site from a maximum gross area of 115 square metres as shown by the hatched area on Drawing 18151 - 1.  No other goods, equipment or services shall be sold, exhibited, displayed, demonstrated or promoted without the prior express grant of planning permission.

            Reason: To determine the scope of the permission and in the interests of highway safety and sustainability, and to comply with policies EP11, EQ2 and TA5 of the South Somerset Local Plan and the aims and provisions of the NPPF.

05.       The retail use shall only take place during the following hours:  9.30am - 7.30pm on Wednesday - Friday and 10.00am - 4.00pm on Saturdays between 1st March - 31st October each year.

            Reason: In order to determine the scope of the development permitted and avoid the introduction of a non conforming retail use in accordance with policy EP11 of the South Somerset Local Plan (2006 - 2028) and the aims and objectives of the NPPF.

06.       There shall be no obstruction to visibility greater than 900mm above adjoining road level in advance of lines drawn 2.4m back from the carriageway edge on the centre line of the access and extending to a point the nearside carriageway edge 43m to the north east side of the access. Such visibility shall be fully provided before the development hereby permitted is first brought into use and shall thereafter be maintained at all times.

            Reason: In the interests of highway safety and in accordance with policy TA5 of the South Somerset Local Plan.

07.       The area allocated for parking on the submitted plan shall be kept clear of obstruction at all times and shall not be used other than for the parking of vehicles in connection with the development hereby permitted.

            Reason: In the interest of highway safety, in accordance with Policies TA5 and TA6 of the South Somerset Local Plan 2006-28

08.       The proposed drainage methods as previously agreed as part of application 17/0228/DOC shall be installed within three months of the date of this decision and shall be retained and maintained thereafter.

            Reason: In the interests of highway safety and to prevent water discharging onto the highway in accordance with policies TA5 and TA6 of the South Somerset Local Plan 2006 -28.

(voting: 6 votes in support, 2 against)