Agenda item

(Having earlier declared a Personal & Prejudicial interest Councillor Mike Lock left the room during consideration of this item).

The Area Lead South presented the application as detailed in the agenda and with the aid of power point presentation showed the site and proposed plans. He updated members on the alteration to Condition 5 to change the submission period of the tree protection scheme from 6 months to 3 months. 

He explained the original intention of the Lufton 2000 development was for a quality development area with acceptable landscaping to enhance the visual amenity of the area.  He said the proposed site had been in the current condition for some time and attention would be paid to the boundary edge and shrub planting should the application be granted.

The Area Lead South referred to the key considerations of Nature of the Use, Boundary Treatment, Highways and Impact on Protected Trees.  In conclusion he considered that the proposal and its use was appropriate on an industrial estate and therefore his recommendation was for approval for the reasons as set out in the agenda report and subject to the receipt of the plan of access.

In response to questions, members were informed that:

·         Oak Tree located on site was subject to a Tree Preservation Order (TPO)

·         Boundary fencing to be finished in black as considered suitable colour for tree and shrub planting and in line with the black railings located opposite the site.

Councillor Peter Seib, Ward member said there had been a long history of the site and commended officers trying to improve this site and therefore would support the application.

During members’ discussion, several points were made including the following:

·         Concern regarding the type of trees to be planted.

·         Appreciated the application was part retrospective however a timescale should be stipulated for the landscaping/planting scheme to be completed.

·         Understood the need to improve and sustain high standards for the site, however other areas within the estate were of not such high standards.

In response the Area Lead South explained to members that:

·         Enforcement conditions have a time limit imposed on retrospective applications, which is very rigid should the work not be carried out.

·         SSDC Tree Officer suggested London Plane trees were planted and that the proposed Landscaping/planting scheme was a suitable compromise and in keeping with the surrounding area.

It was then proposed and subsequently seconded that planning permission be approved as per the officer’s recommendation and subject to:

1.    The submission and receipt of an amended plan to maintain the visibility splay to Artillery Road.

2.    Alteration to Condition 5 to change the submission period of the tree protection scheme from 6 months to 3 months. 

3.    Informative included regarding the presence of a covenant regarding land use/land ownership.

On being put to the vote this was carried unanimously. 

RESOLVED:

That application 13/01490/FUL be approved:

Subject to the submission and receipt of an amended plan maintaining the visibility splay to Artillery Road.

01.       The use is appropriate on an industrial estate and the amended plan satisfactorily addresses impacts upon visual amenity and subject to appropriate conditions the protection of a the protected tree. As such the proposals comply with Policies EP3, TA5, EQ2 and EQ5 of the adopted South Somerset Local Plan 2006 - 2028 and the aims and objections of the NPPF.

SUBJECT TO THE FOLLOWING:

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 May 2011.

            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: location plan received 9 April 2013, plans of site office and wc received 24 April 2013 and amended site plan including landscaping and tree details received in email 1 May 2015. In addition the proposal shall be carried out in accordance with the email from Mike Lock dated 9 May 2014.

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

03.       The landscaping/planting scheme shown on the submitted plan shall be completely carried out within the first available planting season from the date of decision notice.

            The tree and shrub areas shall be mulched with a woodchip or bark to a minimum depth of 70mm. In order to prevent spillage onto the highway a retaining gravel board is required.

            For a period of five years after the completion of the planting scheme, the trees and shrubs shall be protected and maintained and any trees or shrubs that cease to grow, shall be replaced by trees or shrubs of similar size and species or other appropriate trees or shrubs as may be approved in writing by the Local Planning Authority.

            Reason: To ensure that the proposed development makes a satisfactory contribution to the preservation and enhancement of the local character and distinctiveness of the area in accordance with Policy EQ2 of the adopted South Somerset Local Plan 2006 - 2028.

04.       Within 3 months of the date of this permission the existing bund / topsoil along the western boundary shall be removed as agreed in email form Mike Lock dated 9 May 2014. 

            Reason: In the interests of visual amenity and the character of the area in accordance with Policy EQ2 of the adopted South Somerset Local Plan 2006 - 2028.

05.       Within 3 months of the date of this permission a scheme of tree protection measures relating to the adjoining protected tree shall be submitted to and agreed in writing with the Council and it will include the following details:

            o          A specification relating to the installation of a permeable, anti-compaction cellular confinement system for the de-compaction area within the Root Protection Areas of the adjoining protected tree as detailed on drawing received 1 May 2015;

            o          A commitment to avoiding machinery movements, ground-works, amendments to the soil (including rotavating & additions to soil-grade), the storage of materials, the mixing and discharge of cement liquids, the lighting of fires & the installation of below-ground services (including drainage & soak-aways) within the Root Protection Areas of the adjoining protected trees;

            Upon approval by the Council, the measures specified within the agreed scheme of tree protection measures, shall be implemented in their entirety within 3 months.

            Reason: To preserve the health, structure and amenity value of existing landscape features (trees) in accordance with the objectives within Policies EQ2 and EQ5 of the adopted South Somerset Local Plan 2006 - 2028.

06.       The area allocated for parking on the submitted plan shall be properly consolidated and shall not be used other than for the parking of vehicles in connection with the development hereby permitted.

            Reason: To ensure that there is adequate space within the site for the parking of vehicles clear of the highway in accordance with Policies TA5 and TA6 of the adopted South Somerset Local Plan 2006 - 2028.

Informatives:

01.  This planning approval is separate from land ownership or issues of covenant and these matters would need to be addressed through a separate mechanism.