Agenda item

The Committee considered a report of the Head of Development Control and Major Developments for a retrospective application seeking approval for the use of existing land and buildings to be used for commercial/storage uses including three open yards.

 

Mr Alan Martin spoke in objection to the application as a Member of Parish Council.

 

Mrs Jane Clifford spoke in objection to the application.

 

The Committee discussed the proposed use of the site and were advised that the core activities would be reclamation and demolition and that there was a tolerance level for retail provided that it was ancillary to the core business.

 

The Committee also raised concerns relating to access to the site, site security and traffic implications.

 

In reaching their decision the Committee considered the Officers report, presentation and written update.

 

Resolved

 

That application 09/00719/F is approved subject to the following conditions:

 

1          That the development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission.

           

 2         That within 3 months of the date of this decision details shall be submitted to and approved in writing by the Planning Authority showing a turning area and 12 parking spaces (8 spaces for cars, 4 spaces for heavy vehicles) to be provided within the curtilage of the site so that motor vehicles may enter, turn round and leave in a forward direction and vehicles may park off the highway.  The turning area and parking spaces shall be retained and unobstructed except for the parking and manoeuvring of vehicles at all times.

           

 3         That the visibility spays shown on the drawing shall be provided on both sides of the two site accesses within one month of the date of this decision and the area contained within the spays shall be kept free of any obstruction exceeding 1 metre in height above the nearside channel level of the carriageway. 

 

 4         That within 3 months of the date of this decision a Travel Plan shall be submitted to and approved in writing by the Planning Authority.   Thereafter it shall be implemented in accordance with the agreement and shall remain in use at all times unless previously agreed in writing by the Local Planning Authority. 

 

 5         Unless otherwise agreed by the Local Planning Authority, within 3 months of the date of this decision, point 1 within this condition as detailed below shall be actioned.  Following that assessment, should points 2 and 3 prove necessary these will be actioned as agreed in writing by the Local Planning Authority.  If unexpected contamination is found after any further development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until point 4 has been complied with in relation to that contamination.

           

            1. Site Characterisation

            An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

 

(i)                 a survey of the extent, scale and nature of contamination;

(ii)               an assessment of the potential risks to:

-        human health,

-        property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

-        adjoining land,

-        groundwaters and surface waters,

-        ecological systems,

-        archaeological sites and ancient monuments;

 

(iii)       an appraisal of remedial options, and proposal of the preferred option(s).

            This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

 

 

            2. Submission of Remediation Scheme

            A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

            3. Implementation of Approved Remediation Scheme

            The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of any further development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

            Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

           

            4. Reporting of Unexpected Contamination

            In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of point 1 above, within a proposed timescale subject to written approval by the Local Planning Authority, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of point 2, which is subject to the approval in writing of the Local Planning Authority.

            Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with point 3.

             

 6         That the open storage on the site shall not exceed a height of 2.0m unless otherwise agreed in writing by the Local Planning Authority.

 

 7         That no development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme for landscaping the site to be submitted within 1 month of the date of this decision and which shall include:-

           

(a)              details of a 4 metre wide landscape buffer to the road frontage

 

(b)              details of the proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas,

 

(c)              details of the existing trees and hedgerows to be retained as well as those to be felled, including existing and proposed soil levels at the base of each tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any excavation,

           

 8         That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the approval of the scheme and that any trees and shrubs 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 the Local Planning Authority gives written consent for any variation.

           

           

 9         That full details of the enclosures along all boundaries of the site shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development to be submitted within one month of the date of this decision, and such means of enclosure shall be erected prior to the first occupation of the dwelling.

 

10        That except to allow for the means of access and vision splays the existing and proposed hedgerow/trees along the south-west boundary of the site shall be retained and properly maintained at a height of not less than 2.3 metres, and that any hedgerow/tree which may die within five years from the completion of the development shall be replaced and thereafter be properly maintained in accordance with this condition. 

           

11        That the site and premises shall be used only for purposes falling within Class B8 specified in the Schedule to the Town and country Planning (Use Classes) (Amendment) (England) Order 2005 and for no other purposes(s), including retail, whatsoever.  

 

12        Notwithstanding the provisions of part 8, Schedule 2 of the Town and Country Planning General Permitted Development Order 1995 (as amended) details of any external lighting shall be submitted to and approved in writing by the Local Planning Authority prior to its provision and use.