Agenda item

Proposal: Application for approval of reserved matters (access, appearance, landscaping, layout and scale) pursuant to outline consent refs: 13/03410/OUT and 13/03413/OUT for the erection of a warehouse (Use Class B8) with ancillary office, associated vehicle parking, van storage, plant, ancillary structures, lighting, landscaping, and infrastructure works.

The Planning Specialist presented the report and with the aid of slides gave a detailed presentation showing the site, proposed plans and proposed ingress and egress to the site.

He also highlighted the following:

·         To aid pedestrian and cycle movements the applicant has agreed with Leonardo UK Ltd to widen the shared footway/cycleway along the north of Bunford Lane.

·         Following request from West Coker Parish Council the applicant has agreed to amend the original application to now include the installation of PV Solar Panels.  

·         The applicant also acknowledges and will ensure that due to the close proximity of the airfield, appropriate provision of bird nesting prevention measures are included, a sensitive lighting scheme relating to air traffic safety and that the building heights do not exceed 15 metres.

He also highlighted the key considerations being:

·         Principle of development – with outline permissions previously granted and   time limits extended this is therefore considered acceptable.

·         Impact on Designated Heritage Asset (Bunford Railway Bridge) – considers public benefit outweighs the low level substantial harm to this asset. Also confirmed SW Heritage Trust has advised no archaeological implications to this proposal.

·         Impact on Landscape & Visual Amenity – a comprehensive landscape scheme has been submitted along with relevant lighting with conditions imposed to ensure airfield safety.

·         Highway Safety – proposed access arrangements will seek to avoid conflicts between HGVs and other vehicles along with the segregated cycle/footway which will promote sustainable transport.  No objections from the Highway Authority.

·         Flood Risk and Drainage – Majority of the site is within Flood Zone 1 and that no objections have been raised by the Environment Agency who consider the submitted CEMP acceptable.  The Lead Local Flood Authority have also raised no objections.

·         Airfield Safety and Biodiversity - Close liaison between the applicant, Leonardo, MOD and County Ecologist to ensure Biodiversity enhancement measures are in place along with an acceptable lighting scheme.  This includes the submission ‘up front’ of a Bird Hazard Management Plan and detailed landscape scheme to ensure airfield safety. 

·         Phosphates- Natural England and County Ecologist consider this proposal is unlikely to add significantly to nutrient loading on the Somerset Levels and Moors Ramsar site.  No requirement for HRA, therefore application is acceptable in this regard.

·         Residential Amenity – No residential properties close to the site that would result in any adverse impact.

As an update the Planning Specialist advised that there would be no pond created as part of the overall landscaping scheme, contrary to what was stated in the officer report and that an updated Biodiversity Enhancement Management Plan (BEMP) had been submitted to reflect this fact. The reason for this was to prevent birds being attracted to the site by such a water feature with the inherent dangers to aircraft that this would pose. Therefore he wished to amend the wording in condition 7 to reflect the updated BEMP issued in February 2022.

He concluded that after considering all of the responses and advice, as outlined in the agenda report, his proposal was to approve the application subject to the conditions as set out in the agenda report with the amendment to condition 7 to reflect the updated Biodiversity Enhancement Management Plan (BEMP) issued in February 2022.

Cllr Lock wished to correct the officer report in that said report made reference to the airfield to the north of Bunford Lane as lying within Yeovil East parish. This was corrected in that the airfield in fact lies within Yeovil parish.

In response to members’ questions the Planning Specialist advised that:

·         The Bunford Railway Bridge will remain closed.

·         Cannot confirm whether there is a buyer, however believe a serious developer may be involved due to the detailed application submitted.

·         Should the intention be for overnight accommodation this would become a material change of use which would need planning permission in its own right.

·         Understand the car parking area would be an open structure at roof level, however appropriate parapet built-in would mitigate any lighting concerns.  He also confirmed that Leonardo and the MOD were happy with the submitted proposed detailed lighting scheme.

·         Believe the majority of people employed would be from the local area and therefore would not have an impact on the increase of phosphates.

·         Lighting will be LED and that the proposal accords with the Council’s standards for Electric Vehicle charging points for this scale of development.

During discussion, members’ comments included the following:

·         Believe it to be an established industrial site with outline planning permission in place for some time.

·         Consider it a good employment opportunity and welcome the development and hope it comes forward very soon.

·         Commend the applicant for a very detailed application which will bring an excellent distribution business to the town with a range of employment opportunities.

It was then proposed and seconded to approve the application as per the officer’s recommendation, subject to the conditions outlined in the officer report, with agreed amendment to condition 7 to reflect the updated Biodiversity Enhancement Management Plan (BEMP) issued in February 2022.  On being put to the vote this was carried unanimously.

RESOLVED:

That Regulation Committee recommend the Chief Executive to:

Approve Planning Application 21/02286/REM for the following reason:

01.       The proposal represents an appropriate form of development on an allocated employment site which has been considered to be acceptable in principle having regard to up-to-date guidance within the National Planning Policy Framework. Having regard to the public benefits that would result, the proposed development would cause no overriding harm to the significance and setting of the nearby designated heritage asset. Subject to the imposition of various planning conditions, the proposed new employment development, alongside existing commercial development, and associated external activities associated with such employment use would cause no demonstrable harm to the character and appearance of the area and to landscape setting and would have no significant detrimental impact on residential amenity, highway safety, flood risk and drainage, airport safety, biodiversity or impact on the Somerset Levels and Moors catchment area.

            Accordingly, the proposed scheme is considered to accord with Policies SD1, SS1, SS3, SS6, YV4, EP3, TA1, TA4, TA5, TA6, EQ1, EQ2, EQ3, EQ4, EQ5 and EQ7 of the South Somerset Local Plan and relevant guidance within the NPPF.

SUBJECT TO THE FOLLOWING:

01.       This notice of approval of reserved matters shall only relate to outline planning permissions ref. 13/03410/OUT dated 18th September 2013 and ref. 13/03413/OUT dated 14th November 2013.

            Reason: For the avoidance of doubt and to comply with Section 92 of the Town and Country Planning Act 1990.

02.       Except for any details which require the submission of additional information being the subject of any condition attached to this permission, in all other respects the development hereby permitted shall be carried out in accordance with the following approved drawings:

            Drawing no. 21-6603 A000 Rev P2 - Site Location Plan

            Drawing no. 21-6603 A001 Rev P2 - Existing Site Plan

            Drawing no. 21-6603 A002 Rev P1 - Topographical Survey

            Drawing no. 21-6603 A003 Rev P8 - Proposed Site Plan

            Drawing no. 21-6603 A014 Rev P3 - Van Deck Ground Floor Plan

            Drawing no. 21-6603 A015 Rev P3 - Van Deck First Floor Plan

            Drawing no. 21-6603 A016 Rev P3 - Van Deck Second Floor Plan

            Drawing no. 21-6603 A022 Rev P5 - Boundary Details

            Drawing no. 21-6603 A023 Rev P5 - Site Furniture and Equipment

            Drawing no. 21-6603 A024 Rev P5 - Proposed Site Surface Treatment

            Drawing no. 21-6603 A029 Rev P2 - External Buildings

            Drawing no. 21-6603 A030 Rev P3 - LV Switchgear & Sprinkler Compound

            Drawing no. 21-6603 A035 Rev P3 - Footpath/Cycleway Link

            Drawing no. 21-6603 A101 Rev P3 - Proposed Ground Floor Plan 1

            Drawing no. 21-6603 A102 Rev P4 - Proposed Ground Floor Plan 2

            Drawing no. 21-6603 A103 Rev P6 - Proposed First Floor Plan 1

            Drawing no. 21-6603 A104 Rev P6 - Proposed First Floor Plan 2

            Drawing no. 21-6603 A105 Rev P5 - Proposed Roof Plan 1

            Drawing no. 21-6603 A106 Rev P7 - Proposed Roof Plan 2

            Drawing no. 21-6603 A204 Rev P8 - Proposed Building Elevations 1

            Drawing no. 21-6603 A205 Rev P8 - Proposed Building Elevations 2

            Drawing no. 21-6603 A216 Rev P4 - Proposed Van Deck Elevations

            Drawing no. 21-6603 A301 Rev P5 - Proposed Site Sections

            Drawing no. 21-6603 A305 Rev P4 - Proposed Building Sections

            Drawing no. 21-6603 A308 Rev P3 - Proposed Van Deck Sections

            Drawing no. D285.L.001 Rev D - Landscape Masterplan

            Drawing no. P.018053-RED-XX-XX-DR-E-2300 Rev P6 - Electrical Services Site Wide Lighting Layout

            Drawing no. 6006-JPG-ZZ-ZZ-DR-D-1401 S4 P02 - Proposed Drainage Layout Sheet 1 of 2

            Drawing no. 6006-JPG-ZZ-ZZ-DR-D-1402 S4 P02 - Proposed Drainage Layout Sheet 2 of 2

            Drawing no. 6006-JPG-ZZ-ZZ-DR-D-1451 S2 P02 - Flood Exceedance Plan

            Drawing no. 194663-162 PD01 Rev H - Proposed Improvements

            Drawing no. 194663-162 PD05 Rev B - Proposed Shared Cycleway/Footway on North Side of Bunford Lane

            Drawing no. 194663-162 PD07 - Achievable Visibility with Proposed Footway

            and, for the avoidance of doubt, the external surfaces of the new development shall be of materials as indicated on the approved materials schedule dated 18th October 2021. No other external finishing materials shall be used without the prior written approval of the Local Planning Authority.

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

03.       Prior to any construction activity that is conducive to the disturbance of badgers within the identified badger exclusion zone, the applicant shall submit to the Local Planning Authority either:

            a) a copy of the licence issued by Natural England pursuant to The Protection of Badgers Act 1992 authorising the development to go ahead; or

            b) a statement in writing from a qualified competent ecologist to the effect that he/she does not consider that the development will require a licence.

            The Local Planning Authority shall acknowledge receipt and confirm its acceptance in writing of either the licence or written statement required by a) or b) within 21 days thereafter its receipt.

            Reason: The submission to, and written confirmation of acceptance by, the Local Planning Authority of either a copy of the licence issued by Natural England or a written statement from a qualified competent ecologist to the effect that he/she does not consider that the development will require a licence prior to any construction activity that is conducive to the disturbance of badgers within the identified badger exclusion zone is fundamental to ensure there is strict protection afforded to a protected species, having due regard to Policy EQ4 of the South Somerset Local Plan, relevant guidance within the NPPF and relevant statutory legislation, including The Protection of Badgers Act 1992.

04.       Prior to the commencement of the reptile active season (March, weather dependant), a detailed reptile off-site translocation strategy shall be submitted and approved in writing by the Local Planning Authority. Such a strategy shall include details of the location and status of translocation site. This phase of the development shall thereafter be carried out in accordance with the approved off-site translocation strategy.

            All other works shall be undertaken in accordance with the document "Reptile Mitigation Strategy" (October 2021) prepared by Delta Simons and confirmation of the completed works by the competent ecologist shall be submitted to the Local Planning Authority within one week of completion.

            Reason: In the interests of UK protected and priority species and in accordance with Policy EQ4 of the South Somerset Local Plan and relevant guidance in the NPPF.

05.       Throughout the construction period, the approved details within the approved document "Construction Environment Management Plan" Rev B (CEMP) (dated 17 January 2022) prepared by ISG shall be strictly implemented and adhered to and maintained and retained for the duration of the construction period. There shall be no variations to the approved CEMP without the prior written approval of the Local Planning Authority (in consultation with the Ministry of Defence as applicable to subsections 4.4 'Artificial Lighting' and 9.3 'MOD Engagement').

            A report prepared by the Ecological Clerk of Works or similarly competent person certifying that the required mitigation and compensation measures identified in the approved CEMP have been completed, and detailing the results of site supervision and any necessary remedial works undertaken or required, shall be submitted to and approved in writing by the Local Planning Authority before occupation/use of the development or at the end of the next available planting season, whichever is the sooner. Any approved remedial works shall subsequently be carried out under the strict supervision of a professional ecologist following that approval.

            Reason: To ensure that ecological mitigation measures are delivered; to safeguard protected /priority species and habitats; to minimise the potential of the initial construction works approved to provide a habitat desirable to hazardous large and/or flocking birds which have the potential to pose a considerable hazard to aviation safety which is exacerbated by the proximity of Yeovil Airport and RNAS Yeovilton; to ensure a satisfactory level of environmental protection; to minimise disturbance to local businesses; to prevent harm being caused to the amenity of the area; and in the interests of highway safety during the construction process, having regard to Policies YV4; TA5, EQ2, EQ4 and EQ7 of the South Somerset Local Plan and relevant guidance in the NPPF.

06.       The operation of cranes/tall construction equipment above 15.2M AGL shall not commence until:

            a) notice is provided in writing by the applicant/site operator to the Local Planning Authority and to Yeovil Airport clarifying the extent of such operation(s), numbers and heights of cranes to be used and their approximate duration on site; and

            b) receipt by the applicant/site operator from the Local Planning Authority and Yeovil Airport in writing, within 28 days from the date of service of such notice, providing confirmation of their approval to such operation(s) occurring; or

            c) the expiry of 28 days following the date on which the notice was served on the Local Planning Authority and Yeovil Airport without either the Authority or Yeovil Airport notifying the applicant/site operator as to whether approval or refusal is given to the carrying out of such operation(s). 

            Reason: To ensure that the use of any cranes or other tall construction equipment does not affect the performance of air traffic safety at the nearby Yeovil airport, having regard to Policies YV4, EQ2 and EQ7 of the South Somerset Local Plan.

07.       All ecological enhancement, management, monitoring and remediation measures and/or works shall be carried out strictly in accordance with the details contained in the document entitled "Biodiversity Enhancement Management Plan (BEMP)", Issue no. 4,issued on  15th February 2022 and prepared by Delta-Simons Environmental Consultants Ltd. Prior to occupation/use of the development photographs showing the implementation, planting, erection or installation of these various ecological measures shall be submitted to the Local Planning Authority by the applicant/developer and the Local Planning Authority shall acknowledge receipt and confirm its acceptance of the photographs within 21 days thereafter following its receipt.

            Thereafter, such ecological measures contained within the approved BEMP shall be retained and maintained in-situ and shall not be removed, either in whole or in part, without the prior written approval of the Local Planning Authority.

            Reason: To ensure the development contributes to the Government's target of no net biodiversity loss as set out in the National Planning Policy Framework, Policy EQ4 of the South Somerset Local Plan, and the Council's obligations for biodiversity under the Natural Environment and Rural Communities Act 2006.

08.       The details within the approved document "Bird Hazard Management Plan" Issue no. 3 (BHMP) (dated 18th November 2021) (project no. 21-0601.11) prepared by Delta-Simons Environmental Consultants shall be strictly implemented and adhered to and maintained and retained in perpetuity and there shall be no variations to the approved BHMP without the prior written approval of the Local Planning Authority (in consultation with the Ministry of Defence).

            Reason: The implementation and adherence to the details within the approved BHMP will ensure that there is a comprehensive bird management plan in situ to prevent the use of the site by hazardous birds at all stages of the development and in perpetuity, having regard to Policies YV4, EQ2 and EQ7 of the South Somerset Local Plan.

09.       All external lighting shall be installed strictly in accordance with the specifications and locations indicated on drawing no. P.01853-RED-XX-XX-DR-E-2300 Rev P6 and shall be maintained thereafter in accordance with the approved design details. Under no circumstances shall any other external lighting be installed without the prior approval in writing from the Local Planning Authority.

            Reason: In the interests of the 'Favourable Conservation Status' of populations of European protected species and in accordance with Policy EQ4 of the South Somerset Local Plan and relevant guidance in the NPPF.

10.       Prior to occupation/use of the development hereby permitted, a segregated cycleway and footway shall be constructed as indicated on the approved drawings, allowing pedestrian and cycle movements through the site linking together Bunford Lane and Watercombe Lane.

            Thereafter, the approved segregated cycleway and footway within the site linking Bunford Lane and Watercombe Lane shall be retained and maintained and remain open for public access in perpetuity and shall, at no times, be obstructed and public use prevented, unless there is a need for the carrying out of essential repairs and maintenance to any part of the cycleway and footway, in which case prior written notification from the applicant/developer shall be submitted to the Local Planning Authority with clear details provided as to the extent of repair or maintenance works to be carried out and the length of time such obstruction will occur, and subsequent written approval provided by the Local Planning Authority.

            Reason: In the interests of sustainability and allowing ease of movement for pedestrians and cyclists from Bunford Lane to Watercombe Lane in perpetuity in accordance with Policies EQ2 and TA5 of the South Somerset Local Plan and relevant guidance in the NPPF.

11.       Prior to occupation/use of the development hereby permitted, a shared cycleway and footway shall be constructed along the northern side of Bunford Lane as indicated on the approved drawing no 194663-162 PD05 Rev B.

            Reason: In the interests of sustainability and public safety and convenience, allowing ease of movement for pedestrians and cyclists along Bunford Lane in perpetuity in accordance with Policies EQ2 and TA5 of the South Somerset Local Plan and relevant guidance in the NPPF.

12.       For all access points onto the public highway, there shall be no obstruction to visibility greater than 600 millimetres above adjoining road level in advance of lines drawn 2.4 metres back from the carriageway edge on the centre line of the access and extending to points on the nearside carriageway edge 43 metres either side of the access. Having regard to the size and weight of vehicles accessing the site during the construction phase, such visibility shall be fully provided before the development hereby permitted is commenced and shall thereafter be maintained at all times.

            Reason: In the interests of highway safety and public convenience, having regard to Policies TA5 and TA6 of the South Somerset Local Plan and relevant guidance within the NPPF.

13.       All access works, vehicular and bicycle parking, electric vehicle charging points, turning and servicing areas shall be provided, laid out and completed in accordance with the details indicated on the approved drawings prior to first occupation / use of the development for the purposes hereby permitted. Thereafter the vehicular, motorcycle and bicycle parking spaces, electric vehicle charging points and the turning and servicing areas shall be maintained and retained for such purposes and shall only be used for their designated purposes for the parking and turning of vehicles and for the loading and unloading of vehicles used by persons working, visiting or attending at the site (unless otherwise agreed in writing by the Local Planning Authority), and shall be kept permanently free from any other forms of obstruction.

            Reason: To ensure that safe and convenient on-site parking, turning and servicing/loading/unloading areas are provided and thereafter retained in the interests of public safety and convenience, and to ensure provision of electric vehicle charging points for low emission vehicles as part of the transition to a low carbon economy, having regard to Policies TA1, TA5 and TA6 of the South Somerset Local Plan and relevant guidance within the NPPF.

14.       The details set out within the approved "Travel Plan" document, dated December 2021, prepared by Vectos shall be strictly implemented and adhered to and maintained and retained in perpetuity and there shall be no variations to the approved Travel Plan without the prior written approval of the Local Planning Authority (in consultation with the County Highway Authority).

            Reason: To support future staff and potential visitors in making informed decisions about their travel and to provide staff with the necessary management tools to enable them to choose sustainable modes of travel to the site. In doing so, the adverse impacts of travel on the environment and the local highway network will be minimised, thus having regard to Policies SD1, TA1, TA4, TA5 and EQ2 of the South Somerset Local Plan and relevant guidance in the NPPF.

15.       A scheme of hard and soft landscaping shall be completely carried out in accordance with the details indicated on the approved drawing no. D285.L.001 Rev D "Landscape Masterplan" within the first available planting season from the date of commencement of the development, or as otherwise extended with the prior agreement in writing of the Local Planning Authority. Canopy forming tree species shall be kept to a minimum (maximum of 15%) and spaced apart to prevent the forming of a continuous barrier and berry/fruit bearing plants shall be kept to a minimum (maximum of 25%).

            For a period of five years after the completion of the approved landscaping scheme, the trees, hedges and shrubs shall be protected and maintained in a healthy weed free condition. Any trees, hedges or shrubs that cease to grow or are felled, removed, uprooted, destroyed or die, or become in the opinion of the Local Planning Authority seriously damaged, diseased or defective, shall be replaced by trees, hedges or shrubs of similar size and species, or other appropriate trees, hedges or shrubs as may be approved in writing by the Local Planning Authority. This replacement planting shall be undertaken before the end of the first available planting season (October to March inclusive for bare root plants), following the removal, uprooting, destruction or death of the original trees or plants.

            Reason: To safeguard and enhance the landscape character and visual amenity of the area; to help assimilate the development into its immediate surrounds; to prevent the use of the site by hazardous birds at all stages of the development and in perpetuity; and to provide ecological, environmental and biodiversity benefits, having regard to Policies YV4, EQ2 and EQ4 of the South Somerset Local Plan and relevant guidance within the NPPF.

16.       Provision shall be made within the site for the disposal of foul and surface water drainage in accordance with the drainage strategy detailed in the following approved drawings and documents.

            a) Foul and Surface Water Drainage Calculations prepared by JPG (ref: 6006-JPG-XX-XX-CA-D-0500-S2-P03), dated 5th July 2021;

            b) Foul and Surface Water Drainage Strategy prepared by JPG (ref: 6006-JPG-XX-XX-RP-D-0621-S2-P03) dated 30th June 2021;

            c) Drawing no. 6006-JPG-ZZ-ZZ-DR-D-1401 S4 P02 - Proposed Drainage Layout Sheet 1 of 2;

            d) Drawing no. 6006-JPG-ZZ-ZZ-DR-D-1402 S4 P02 - Proposed Drainage Layout Sheet 2 of 2;

            e) Drawing no. 6006-JPG-ZZ-ZZ-DR-D-1451 S2 P02 - Flood Exceedance Plan; and

            f) JPG Planning Response to LLFA Comments, dated 19th January 2022.

            The approved drainage infrastructure shall be installed prior to occupation/use of the development hereby permitted and thereafter so retained and maintained as such.

            Reason: In order to safeguard against pollution and flooding of adjoining roads, having regard to Policies EQ1, EQ2, EQ7 and TA5 of the South Somerset Local Plan and relevant guidance within the NPPF.

17.       If, during development, contamination not previously identified is found to be present at the site then no further development in the area where contamination has been found (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to, and approved in writing by, the LPA. The remediation strategy shall be implemented as approved.

            Provided at any time there is shown to be a risk to the water environment due to movement of any unidentified contamination, work must stop until mitigation and remediation is provided.

            Reason: To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution from previously unidentified contamination sources at the development site, having regard to Policies EQ1, EQ2, EQ7 and TA5 of the South Somerset Local Plan and relevant guidance within the NPPF.

Informatives:

01.       All conditions and informatives attached to the original grants of outline planning permission ref. 13/03410/OUT dated 18th September 2013 and ref. 13/03413/OUT dated 14th November 2013 still apply and must be read and complied with in conjunction with this approval of reserved matters unless superseded by any conditions imposed on this reserved matters permission.

02.       The developers and their contractors are reminded of the legal protection afforded to bats and bat roosts under legislation including the Conservation of Habitats and Species Regulations 2017. In the event that bats are encountered during implementation of this permission it is recommended that works stop and advice is sought from a suitably qualified, licensed and experienced ecologist at the earliest possible opportunity.

03.       The developer/applicant is reminded of the legal protection afforded to nesting birds under the Wildlife and Countryside Act 1981 (as amended). In the event that nesting birds are encountered during implementation of this permission it is recommended that works stop until the young have fledged or then advice is sought from a suitably qualified and experienced ecologist at the earliest possible opportunity.

In the event that vegetation removal will be taking place then further consultation must be sought prior to this.

04.       Advice from Wessex Water - There is an existing 300mm public foul sewer crossing the southern boundary of the site. A minimum easement of 3 metres either side of the outside of the pipe must be observed. The pipe must be protected during construction. Any damage to this pipe is likely to lead to significant penalty.

(voting: unanimous)