Agenda item

Planning Application 16/01819/FUL - Land OS 3769, Badgers Cross Lane, Somerton.

Minutes:

Proposal: Erection of Commercial Building under Use Class B2 of the Town and Country Planning (Use Classes Order) 1987.

 

The Planning Officer presented the application as detailed in the agenda report, and explained the complicated outline of the application due to the other industrial unit permissions already granted. She highlighted the layout of the wider site, including units already built and occupied, plus those with permission but yet to be built. It was noted the internal layout for this proposal was specifically for the applicant’s needs.

 

She provided members with three updates:

·         Condition 18 – plan references needed to be inserted into the condition, and the reference number was stated.

·         Condition 19 - plan and schedule references needed to be inserted into the condition, and the numbers were stated.

·         The applicant had since stated that paint spraying was an important part of the business and had requested reference to it was removed from condition 12. Environmental Health had no issues subject to paint spraying only taking place inside the building. Condition 12 therefore needed to be amended to delete reference to paint spraying.

 

Mr S Harrison of Somerton Town Council noted they had unanimously recommended approval of the application. He commented the site was an old quarry and not farmland, and the proposal had been designed to fit in as much as possible. He hoped the proposal would be supported so the business could stay in Somerton.

 

Mr S Travers, agent, commented that the site was in effect brownfield and had existing access. He noted the business was currently on the Bancombe Road Trading Estate and the relocation was supported by a government grant, and when completed would employ 65 people. The applicant had been unable to find a suitable alternative unit elsewhere in the area. He noted the design was as sympathetic as possible and much landscaping was proposed.

 

Ward member, Councillor Stephen Page, noted he had read the report carefully and listened to speakers. On balance, he felt the proposal was to be commended as it would create local employment and keep a business in the area. He was encouraged by the proposed landscaping and fully supported the application.

 

Ward member, Councillor Dean Ruddle also noted his full support for the proposal.

 

During a short discussion some members expressed disappointment that photovoltaic panels were not proposed for the roof and also noted that lighting would need to be thoughtfully done. Members were pleased such an application had come forward which would create jobs and support the economy of South Somerset. It was proposed to approve the application as per the officer recommendation, subject to the changes to conditions 12, 18 and 19 as stated in the officer presentation. On being put to the vote the proposal was carried unanimously.

 

RESOLVED:

That planning application 16/01819/FUL be APPROVED, as per the officer recommendation - subject to insertion of plan references at conditions 18 and 19 and deletion of reference to paint spraying from condition 12 - and the following:

 

Justification:

This proposal for new industrial development will result in the creation of new employment opportunities in the locality and make a valuable contribution towards the delivering the Council's employment land requirements. Notwithstanding the landscape impact concerns, the proposal is considered to accord with the principles of sustainable development without resulting in any substantive residential amenity, highway safety or environmental concerns and to therefore accord with the aims and objectives of policies SD1, SS1, SS3, TA5, TA6, EQ2, EQ4 and EQ7 of the South Somerset Local Plan and the provisions of the National Planning Policy Framework.

 

Subject to the following conditions:

 

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 drawings numbered 3637/PL/100 and 3637/PL/105 received 25/04/2016, 3637/PL/104 received 04/05/2016, 3637/PL/102 and 3637/PL/103 received 06/05/2016 and 3637/PL/101 Rev A and 3637/PL/106 Rev A received 20/06/2016.

 

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

 

03.   The building hereby permitted shall not be used other than for those activities which fall within the definition of Class B2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

 

Reason: The local planning authority would not have been prepared to grant planning permission but for the need for additional employment land to accord with the aims and objectives of the NPPF and policy SS3 of the South Somerset Local Plan.

 

04.   The accommodation comprised in the development hereby permitted shall not be used other than as part of the premises of a single business operating from the site outlined in red on the submitted site plan (drawing number 3637/PL/100). There shall be no subdivision without the prior express grant of planning permission by the local planning authority.

 

Reason: In order to determine the scope of this permission and in the interest of highway safety and the rural amenity of the area to accord with policies EQ2, TA5 and EQ2 of the South Somerset Local Plan.

 

05.   The development hereby permitted shall not be commenced unless particulars of the materials (including the provision of samples where appropriate) to be used for external walls and roofs (including two different coloured roof materials) have been submitted to and approved in writing by the Local Planning Authority.

 

Reason: In the interest of visual amenity to accord with policy EQ2 of the South Somerset Local Plan.

 

06.   No external lighting or illuminated signage shall be installed on site unless plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage have been submitted to and approved in writing by the Local Planning Authority. The lighting assessment shall consider the Institute of Engineers lighting zone. The lighting approved shall be installed and shall thereafter be maintained in perpetuity in accordance with the approved details.

 

Reason: To minimise light pollution and safeguard the rural amenities of the area to accord with policies EQ2 and EQ7 of the South Somerset Local Plan.

 

07.   No works shall commence unless the detailed designs for the surface water drainage, together with a programme of implementation and maintenance for the lifetime of the development have been submitted to and approved in writing by the local planning authority. Such works shall be carried out in accordance with the approved details and be permanently retained and maintained thereafter.

 

Reason: To prevent the risk of flooding and to ensure that the development is served by a satisfactory system of surface water drainage and to secure the future maintenance of the surface water drainage system in accordance with the requirements of the National Planning Policy Framework.

 

08.   No work shall be carried out on the site on any Sunday, Bank or Public Holidays, or other than between the hours of 0700 and 1800 hours on weekdays and Saturdays.

 

Reason: To protect the amenity of the locality, especially for people living and working nearby in accordance with policies EQ2 and EQ7 of the South Somerset Local Plan.

 

09.   No deliveries shall be taken at or despatched from the site between the hours of 1830 and 0630 on weekdays and Saturdays, nor at any time on Sundays, Bank or Public Holidays.

 

Reason: To protect the amenity of the locality, especially for people living and working nearby in accordance with policies EQ2 and EQ7 of the South Somerset Local Plan.

 

10.   The development hereby permitted shall not begin until a scheme to deal with contamination of land, controlled waters and/or ground gas has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include all of the following measures, unless the Local Planning Authority dispenses with any such requirement specifically in writing:

 

1.      A Phase I site investigation report carried out by a competent person to include a desk study, site walkover, the production of a site conceptual model and a human health and environmental risk assessment, undertaken in accordance with BS 10175 : 2011 Investigation of Potentially Contaminated Sites - Code of Practice.

2.      A Phase II intrusive investigation report detailing all investigative works and sampling on site, together with the results of the analysis, undertaken in accordance with BS 10175:2011 Investigation of Potentially Contaminated Sites - Code of Practice. The report should include a detailed quantitative human health and environmental risk assessment.

3.      A remediation scheme detailing how the remediation will be undertaken, what methods will be used and what is to be achieved. A clear end point of the remediation should be stated, such as site contaminant levels or a risk management action, and how this will be validated. Any ongoing monitoring should also be outlined.

4.      If during the works contamination is encountered which has not previously been identified, then the additional contamination shall be fully assessed and an appropriate remediation scheme submitted to and approved in writing by the Local Planning Authority.

5.      A validation report detailing the proposed remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology. Details of any post-remedial sampling and analysis to show that the site has reached the required clean-up criteria shall be included, together with the necessary documentation detailing what waste materials have been removed from the site.

 

Reason: To protect the health of future occupiers of the site from any possible effects of contaminated land, in accordance with policy EQ7 of the South Somerset Local Plan.

 

11.   Before the development commences a scheme shall be submitted to and agreed in writing by the Local Planning Authority that specifies the provisions to be made for the control of noise emanating from the site. The noise mitigation scheme shall be maintained and shall not be altered without the prior written approval of the Local Planning Authority.

 

Reason: To protect the amenity of the locality, especially for people living and working nearby in accordance with policies EQ2 and EQ7 of the South Somerset Local Plan.

 

12.   No shot blasting shall be carried out in any building or otherwise on the subject land.

 

Reason: To protect the amenity of the locality, especially for people living and working nearby in accordance with policies EQ2 and EQ7 of the South Somerset Local Plan.

 

13.    Any forklift trucks used on the application site shall be fitted with noise attenuated reversing alarms. All such alarms are to be kept in working condition and operable wherever a forklift truck is used on the site.

 

Reason: To protect the amenity of the locality, especially for people living and working nearby in accordance with policies EQ2 and EQ7 of the South Somerset Local Plan.

 

14.    There shall be no external storage unless a scheme detailing the nature of the goods / equipment to be stored, the method of storage (if appropriate), the area to be used and maximum height for such goods. The development shall thereafter be carried out in accordance with the approved details unless otherwise agreed in writing by the local planning authority.

 

Reason: In the interests of visual amenity and to safeguard the environment and rural amenities of the area, in accordance with policies EQ2 and EQ7 of the South Somerset Local Plan.

 

15.   No manufacturing, fabrication or other industrial process shall take place outside the confines of the building on the site.

 

Reason: To protect the amenity of the locality, especially for people living and working nearby in accordance with policies EQ2 and EQ7 of the South Somerset Local Plan.

 

16.   There shall be no burning of any produce or material whatsoever on the site other than in a properly installed incinerator within a building.

 

Reason: In the interests of the local amenities of the area, in accordance with policies EQ2 and EQ7 of the South Somerset Local Plan.

 

17.    No system of public address, loudspeaker, amplifier, relay or other audio equipment shall be operated outside the building hereby permitted.

 

Reason: To protect the amenity of the locality, especially for people living and working nearby in accordance with policies EQ2 and EQ7 of the South Somerset Local Plan.

 

18.   The internal ground floor levels for the building hereby permitted and the altered site levels shall accord with the details set out on drawings numbered 3637/PL/101 Rev A and 3637/PL/106 Rev A received 20/06/2016, unless otherwise agreed in writing by the local planning authority.

 

Reason: In the interest of visual amenity to accord with policy EQ2 of the South Somerset Local Plan.

 

19.   The landscaping scheme, as detailed on drawing CLD 81 and the accompanying written schedule 'Landscape Schedule and Specification' by Clark Landscape Design received 14/07/2016, shall be planted in the first planting and seedingseason following either the completion of the development or the first occupation of the building hereby permitted, whichever is the sooner. Any trees or plants which within a period of five 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 otherwise agreed in writing by the Local Planning Authority.

 

Reason: In the interest of visual amenity and to safeguard the rural character of the area to accord with policy EQ2 of the South Somerset Local Plan.

 

20.  The area allocated for parking and turning on drawing number 3637/PL/101 Rev Page 5 DC PCFULZ.v7 A, shall be kept clear of obstruction and shall not be used other than for the parking and turning of vehicles in connection with the development hereby permitted.

 

Reason: In the interest of highway safety to accord with policy TA5 of the South Somerset Local Plan.

 

Informatives:

01.  The applicant's attention is drawn to the advice and recommendations set out in the Environment Agency's letter dated 25/05/2016.

 

(Voting: Unanimous in favour)

Supporting documents: