Agenda item

Proposal: Application to vary condition 2 (approved plans) of planning approval 18/03479/FUL to substitute approved drawings with revised drawings to allow changes to layout, design and landscaping

The Case Officer for Development Management presented the application as detailed in the agenda, highlighting that the application was seeking changes to the layout and design of the site only and that all previously agreed conditions would be carried over.

He referred to the key considerations and explained that the principle of development was already established with the previously approved application.  As the proposed scheme was a reduced scheme and sought to move the units in from the boundary and a reduction in the height of the office hub, there would be no impact on the amenity of the surrounding area.  He referred to the hours of operation and explained that the Environment Protection Unit had been consulted on the scheme and suggested that a condition to limit the hours of operation would be unreasonable considering that the proposed units would be a B1 use. 

The Committee was addressed by a representation from Bruton Town Council.  He commented that the Town Council were supportive of the principle of the development and as previously stated the provision of light industrial units and office space was welcomed.  The Town Council had concerns over the hours of operation in view of the proximity to the residential area and were supportive of a condition to reduce the hours of operation and consideration of maintaining timber cladding although noted the increase in hedge screening and other buildings in Bruton being of a similar look.

The Applicant’s Agent said that the proposed scheme would reduce the mass and scale of buildings together with improving the landscaping resulting in a scheme with a more beneficial impact on the surrounding area.  He highlighted that the Environmental Projection Officer had not objected to the proposal and that B1 use was acceptable in a residential area.  There would be no impact of traffic or parking and the buildings were designed to operate acceptably in residential environments. 

Ward Member, Councillor Lucy Trimnell felt that the office hub and units would be an asset to Bruton but had concerns over the proposed abandonment of the timber cladding.  She felt that the timber cladding should remain and commented that the valley below the site was considered an area of beauty and aesthetic value to local people.  The building could be seen from the Frome Road and the Batcombe Road and should be blended into the surrounding area, timber cladding the building would maintain continuity along the road and would soften the appearance of the building in a rural residential setting.  She also referred to the building being visible when the hedges thin in the winter months.

At this point in the proceedings, Councillors William Wallace and Mike Lewis declared that they were members of Somerset County Council and would not vote on the application.

During the discussion, members made a number of comments which included the following:

•     Supportive of Bruton Town Council comments.

•     Maintaining the timber cladding would soften the appearance, particularly as the building would be visible in the winter months.

•     Support for limiting the hours of the industrial units but not on the office unit.

•     Industrial units were welcome however it was reasonable to impose restrictions in relation to deliveries and noisy activities in a residential area.

•     Maintenance and height of hedging should be conditioned.

•     Support for conditioning of lighting.

•     The cladding would be visible in the winter months and could be seen from the valley.

•     There were provisions under the Environmental Protection Act that would control any issues should they arise in the future.

The Case Officer for Development Management confirmed that there was a landscaping condition which included the retention of the hedge and the planting of trees carried over from the previous application.  He also confirmed that there was a lighting condition to cover exterior lighting fixed to the building.

The Applicant’s Agent explained that cost was a fundamental issue with the scheme but there was also an issue with the use of timber cladding in relation to fire spread.

In response to a member questions, the Specialist – Development Management confirmed the following:

•     No noise or smells would be permitted under B1 industrial use.

•     The scheme of timber cladding would have to be implemented on the original application.

•     Procedurally a condition could be added to the application about timber cladding but would have to meet the test of it being reasonable and Inspectors would often judge on the proposal before members.

•     His professional view was that the variation to the scheme could only be considered and did not include the timber cladding.

At the conclusion of the debate, it was proposed and seconded to include an additional condition to omit metal cladding and retain a scheme of timber cladding.  A vote was taken and there were 7 votes in favour, 3 against and 1 abstention.

A substantive vote was taken on the original proposal to approve the application as per the officer recommendation and to include the additional condition to retain a scheme of timber cladding.  There were 7 votes in favour, 0 against and 5 abstentions.

RESOLVED: That members of Area East Committee recommend to the Chief Executive that planning application 20/00337/S73 be GRANTED permission, in accord with the officer’s recommendation and to include the additional condition to retain a scheme of timber cladding, for the following reason:-

The proposal variations to the approved plans are considered to respect the character and appearance of the overall development scheme and would cause no demonstrable harm to visual and residential amenity, highway safety or biodiversity interests, in accordance with the aims and objectives of Policies SD1, SS1, SS3, EQ1, EQ2, EQ3, EQ4, TA1, TA5 and TA6 of the South Somerset Local Plan and the provisions of the National Planning Policy Framework.

SUBJECT TO THE FOLLOWING:

01.  The development hereby permitted shall be begun before the expiration of three years from the date of planning permission 18/03479/FUL i.e. before 11th July 2022.

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 complete accordance with the following approved plans date stamped as received by the LPA 04/02/2020: (unless otherwise stated)

                                 -Design and Access Statement

                                 -1480-PL01_Site Location Plan

                                 -1480-PL02_Proposed Block Plan

                                 -1480-PL03_Proposed Site Plan REV A (received 25/03/2020)

                                 -1480-PL04_Proposed Site Plan (Access Road)

                                 -1480-PL05_Office Hub Ground Floor Plan

                                 -1480-PL06_Industrial Unit Ground Floor & Roof Plan

                                 -1480-PL07_Office Hub Elevations

                                 -1480-PL08_Industrial Unit Elevations

                                 -1480-PL09_Site Section & Massing

                                 -1480-PL10_Bin Store & Cycle Shelter

                                 -1480-PL11_Office Hub Roof Plan

                                 -1480-PL12_Proposed 3D Visualisations

Reason: For the avoidance of doubt as to the development authorised and in the interests of proper planning.

03.  No development shall commence unless a Construction Environmental Management Plan has been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out strictly in accordance with the approved plan. The plan shall include details of:

                        -Construction vehicle movements;

                        -Construction operation hours;

                        -Wheel washing of lorries;

                        -Construction vehicular routes to and from site;

                        -Construction delivery hours;

                        -Expected number of construction vehicles per day;

                        -Car parking for contractors;

-Specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice;

                        -A scheme to encourage the use of Public Transport amongst contractors; and

                        -Measures to avoid traffic congestion impacting upon the Strategic Road Network.

Reason: In the interests of residential amenity and highway safety, in accordance with policies EQ2 and TA5 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

04.  Prior to occupation the proposed access shall be constructed to have a minimum width of 5.5 metres and incorporate radii not less than 10 metres and shall incorporate a new section of footway on the southern side to link to a suitable pedestrian crossing facility on Frome Road.

Reason: In the interests of highway safety and sustainable travel, in accordance with policy TA5 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

05.  The gradient of the access way shall not at any point be steeper than 1 in 10 for a distance of 20 metres from its junction with the public highway. This part of the access shall be maintained at that gradient thereafter at all times.

Reason: In the interests of highway safety, in accordance with policy TA5 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

06.  Provision shall be made within the site for the appropriate management and disposal of surface water so as to prevent its discharge onto the highway, and to ensure flood risk is appropriately managed, details of which shall have been submitted to and approved in writing by the Local Planning Authority prior to commencement. Such provision shall be installed in accordance with the agreed details before prior to first use of the site and thereafter maintained at all times.

Reason: In the interests of highway safety and flood risk management, in accordance with policies EQ1 and TA5 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

07.  In the interests of sustainable development none of the units hereby permitted shall be occupied until a new cycleway and footpath connection has been constructed within the development site to the south eastern corner linking to a suitable crossing point of Frome Road in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of highway safety and sustainable travel, in accordance with policy TA5 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

08.  The development hereby permitted shall not be occupied until the parking spaces for the units and a properly consolidated and surfaced turning space for vehicles have been provided and constructed as shown on the submitted plan. Such parking and turning spaces shall be kept clear of obstruction at all times and shall not be used other than for the parking and turning of vehicles in connection with the development hereby permitted.

Reason: In the interests of highway safety and providing appropriate parking levels, in accordance with policies TA5 and TA6 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

09.  There shall be no obstruction to visibility greater than 300 millimetres above adjoining road level in advance of lines drawn 4.5 metres back from the carriageway edge on the centre line of the access and extending to points on the nearside carriageway edge 70m either side of the access. Such visibility shall be fully provided before the development hereby permitted is occupied and shall thereafter be maintained at all times.

Reason: In the interests of highway safety, in accordance with policy TA5 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

10.  Prior to the erection of any building hereby permitted above ground level, details of all materials to be used for the exterior of those buildings shall be submitted to and approved in writing by the Local Planning Authority. The buildings shall then be constructed in accordance with the approved details.

Reason: To safeguard local amenity and in accordance with policy EQ2 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

11.  Prior to their installation as part of the development hereby permitted, details of all windows, doors, and other openings shall be submitted to and approved in writing by the Local Planning Authority. The openings shall strictly accord with the details agreed.

       Reason: To safeguard local amenity and in accordance with policy EQ2 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

12.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order) (with or without modification) no extensions or other external alterations shall be made to the industrial buildings hereby permitted nor any additional buildings constructed within the site without prior express grant of planning consent.

Reason: In the interests of visual and residential amenity, and to safeguard on-site parking and highway safety, in accordance with policies EQ2, TA5, and TA6 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

13.  Prior to first use of the development hereby permitted, details of the electric vehicle-charging points (16 amp minimum) to serve the parking spaces of the development shall be submitted to and approved in writing by the Local Planning Authority.  The charging points shall then be installed prior to first use of the development and, once installed, the charging points shall be maintained and retained thereafter.

Reason: To ensure that the development is resilient and sustainable in accordance with Policy TA1 (Low Carbon Travel) of the adopted South Somerset Local Plan and the provisions of the NPPF.

14.  There shall be no external lighting installed at the site without the prior written consent of the Local Planning Authority. Prior to the erection, installation, fixing, placement and/or operation of any external lighting on the site (including on any of the buildings themselves), details of such external lighting shall be submitted to and approved in writing by the Local Planning Authority. Such details shall include the equipment and supporting structures, positions, sizes, heights, type, luminance/light intensity, direction and cowling of all external lights to the buildings and any other parts of the application site edged red (as indicated on the approved Site Location Plan) and the hours at which such lighting is to be operated.

The external lighting shall thereafter be carried out in accordance with the approved details (unless the Local Planning Authority gives prior written approval to any subsequent variations), and shall thereafter be retained in that form and under no circumstances shall it cause light pollution.

       Reason: To safeguard the rural character and appearance of the locality; to safeguard the residential amenities of owners/occupiers of the existing neighbouring property; to safeguard any biodiversity interests; and in the interests of public safety and convenience, having regard to Policies EQ2, EQ4 and TA5 of the South Somerset Local Plan and relevant guidance within the NPPF.

15.  The development shall be carried out strictly in accordance with the recommendations within the ARBORICULTURAL SURVEY AND IMPACT ASSESSMENT (April 2018) unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard biodiversity and green infrastructure, in accordance with policies EQ4 and EQ5 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

16.  No works shall be undertaken until there has been submitted to and approved in writing by the Local Planning Authority, a scheme of hard and soft landscaping. The submitted scheme shall clearly confirm the details of all retaining structures and details and dimensions of any intended tree or shrub planting, earth-moulding, seeding, turfing and surfacing.  All planting stock shall be confirmed as UK-grown, and details shall be provided in regards to the planting locations, numbers of individual species, sizes, forms, root-types/root volumes and the intended timing of planting. The installation details regarding ground-preparation, weed-suppression, staking/supporting, tying, guarding, strimmer-guarding and mulching shall also be included within the submitted scheme. All planting comprised in the approved scheme shall be carried out within the  dormant planting season (November to February inclusively) following the commencement 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. It shall also provide full details of all retaining walls. The retaining structures shall be fully implemented in accordance with the agreed details prior to first use of the development.

       Reason: To ensure the planting of new trees and shrubs in accordance with the Council's statutory duties relating to The Town & Country Planning Act, 1990 (as amended)1.00 and the following policies of The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure.

17.  The bin store shown on the approved plans shall be provided prior to first use of any building hereby permitted.

Reason: In the interests of visual amenity and good design, in accordance with policy EQ2 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

18.  Prior to first use of the building, the solar panels as shown on the approved plans shall be fully installed in accordance with details which shall have been submitted to and agreed in writing by the Local Planning Authority.

Reason: To support the provision of micro-generation, in accordance with policy EQ1 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

19.  The development hereby permitted shall be used strictly for B1 Use of The Town and Country Planning (Use Classes) Order 1987 (as amended).

Reason: The development has been justified on the basis of B1 use only, and to allow the impact of any other use on amenity and highway safety to be properly considered through a planning application.

20. Prior to first occupation of the development hereby permitted, a scheme of timber cladding of the buildings shall be fully implemented in accordance with the details, which shall have been submitted to and agreed in writingby the Local Planning Authority.

Reason: In the interests of safeguarding local character and visual amenity, in accordance with policy EQ2 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

Informatives:

01.  The granting of this planning permission does not in any way indemnify against statutory nuisance action being taken should substantiated complaints within the remit of the Environmental Protection Act 1990 be received. For further information please contact the Environmental Health section.

02.  The applicant will be required to enter into a suitable legal agreement with the Highway Authority to secure the construction of the highway works necessary as part of this development. The developer is advised to contact the Highway Authority to progress the agreement well in advance of commencement of development.

(Voting: 7 in favour, 0 against, 5 abstentions)