Agenda item

Application Proposal: Extension to yard area

The Specialist for Development Management introduced the report and outlined the history of the site and the enforcement action taken.  She noted that the haulage business and concrete manufacturing had ceased at the site and the applicants were now applying for an extension to the lawful use gained in 2016 for theuse of land and buildings for general industrial, use of workshop and vehicle haulage contractors use of yard area.  She also noted that the Planning Inspector, in his previous decisions did not consider there were concerns on visual impact subject to landscaping and there were no objection from the Highway Authority or Environment Agency, therefore there were no planning reasons to refuse so her recommendation was to approve the application.

The Legal Services Specialist advised that legal proceedings which had commenced relating to the enforcement notice which had previously been served was not a material planning consideration.  Court action had commenced but was adjourned to 20^th January as further details were required relating to the site.  The outcome of the planning application may inform the court case.

The Committee were then addressed by two local residents who were opposed to the application.  Their comments included:-

·         The Planning Inspector’s decision had not been enforced, and who would be responsible for returning the site to its original state?

·         Changes to the river bank had changed the ground levels

·         Could the application be deferred until the previous conditions had been complied with and a vehicle operating time had been agreed?

·         Speaking on behalf of 35 local residents who view this as a cynical by-pass of planning legislation

·         Failure to comply with previous planning refusals has led to Crown Court proceedings and the applicants have been instructed to return the site to as it was when purchased but they have not done so.

The Agent for the applicant advised that the objections to the site were a year old as the vehicle haulage business had relocated and the non-agricultural items stored had been removed.  For security reasons it was better to locate storage further back in the site.  The landscaping condition would be complied with and there would be a continued business use at the site. 

The applicant said he had done all the Council had asked at the site and relocated the haulage business.  He said he had done all he could to appease local residents and security issues at night had led him to move storage further back which had helped. 

In response to comments from the public, the Legal Services Specialist advised that the existing Certificate of Lawfulness allowed one HVG, one lorry with trailer and other associated agricultural vehicle movements per day.  She said if Members were minded to refuse the application then they should have clear policy reasons to do so. 

One of the Ward Members, Councillor Tony Capozzoli said the Planning Inspector had refused the application and the site should be returned to its original state.  The applicant had been given time to comply with the previous refusal decision but he had abused his time extension and had continued to operate his haulage business.

During discussion, varying views were expressed. Some Members were unclear what business was operating from the site and said that if security was an issue then a secure compound should be erected.  Other Members felt that by granting permission, more control of the site could be achieved by attaching conditions to the approval.

The Lead Specialist for Development Management clarified that the applicant was seeking an extension to the lawful use of the land area granted 21 October 2016 (16/03580/COL) which allowed:

•       An agricultural, general building, ground work, land drainage and irrigation, slurry handling and sewage treatment contracting business

•       Use of part of the building for storage of plant, equipment and drainage materials ancillary to the contracting business

•       Use of part of the building for fabrication and welding ancillary to the contracting business

•       The outside storage and operation of one heavy goods vehicle, one articulated lorry plus trailer and other smaller vehicles ancillary to the contracting business

•       The outside storage of drainage materials ancillary to the contracting business

Any change to this would require a new planning application to be submitted. 

Councillor Tony Capozzoli, seconded by Councillor Mike Lewis, proposed that the application be refused permission as the applicant had not demonstrated that they were able to control the imposed uses within the yard and the imposed condition, which was contrary to policies EP4, EQ2, EQ7 and TA5 of the Local Plan.  On being put to the vote, this proposal was lost by 2 votes in favour, 4 against and 4 abstentions.

The officer’s recommendation to approve the application was then proposed and seconded and on being put to the vote, was carried by 4 votes in favour, 2 against and 4 abstentions.

RESOLVED:  That planning application 18/03763/COU be GRANTED planning permission, as per the officer’s recommendation, for the following reason:

01.       The development has a limited landscape impact and appropriate conditions can be imposed to control the use of the yard and the associated vehicle movements. The proposal therefore complies with Policies EP4, EQ2, EQ7 and TA5 of the South Somerset Local Plan 2006-2028.

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:  Location Plan (1:12500) received 22/11/2018.

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

03.       The yard area hereby approved shall only be used in connection with the lawful use of the yard as defined within the Certificate of Lawful Use dated 21/10/2016, planning ref 16/03580/COL.

            Reason: To ensure an appropriate level of activity at the site to respect the rural surroundings and highways in accordance with policies EQ2 and TA6 of the South Somerset Local Plan 2006-2028.

04.       Within 3 months of the date of this permission a hard and soft landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. All planting, seeding, turfing or earth moulding comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the date of the permission; and any trees or plants which within a period of ten years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

            Reason: In the interests of visual amenity, in accordance with policy EQ2 of the South Somerset Local Plan 2006.

05.       No means of external illumination shall be installed on any part of the subject land without the prior written consent of the Local Planning Authority. Any details that may be agreed shall not be subsequently altered unless the Local Planning Authority gives its written consent to any variation.

            Reason: In the interests of residential and visual amenity and to comply with policy EQ2 of the South Somerset Local Plan (2006-2028).

06.       No system of public address, loudspeaker, amplifier or other audio equipment shall be operated on any part of the subject land.

            Reason: In the interests of residential amenity in accordance with Policy EQ2 of the South Somerset Local Plan 2006-2028.

07.       Any materials stored on the subject land shall not exceed 3 metres in height and there shall be no form of racking system installed without the prior grant of planning permission.

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

Informatives:

01.       The Environment Agency advise:

i)          The applicant must ensure that there is no increase in ground levels within the flood zones.

ii)         There must be no vehicles re-fuelled on site, as this would need to be carried out in a designated area positively drained via an interceptor, of suitable standard, to foul sewer, and subject to the consent of the sewerage undertaker.

iii)        There must be no washing of vehicles on this site as vehicle wash facilities must be connected to the foul sewer, with the necessary approval from the relevant sewerage undertaker.

iv)        The applicant should ensure that no pollution occurs from the surface water drainage from the site. All possible steps regarding the operations on site and storage of vehicles should be taken to ensure that this does not result in the pollution of the receiving watercourse. Such a pollution may result in form action from the Environment Agency.

v)         Safeguards should be implemented during the construction phase to minimise the risks of pollution from the development. Such safeguards should cover:

-           the use of plant and machinery

-           wheel washing and vehicle wash-down

-           oils/chemicals and materials

-           the use and routing of heavy plant and vehicles

-           the location and form of work and storage areas and compounds

-           the control and removal of spoil and wastes.   

02.       The Certificate of Lawfulness 16/03580/COL as referred to in Condition 03 is attached to this decision in the interests of clarity.

(Voting: 4 in favour, 2 against, 4 abstentions)