Agenda item

To consider the report of the Director of Place, Planning and Growth, (copy enclosed, Members’ Update to be circulated)*.

The Officer presented the report. Following this the Agent Russell Forde addressed the Committee.

It was noted that an Addendum to the Officers’ report had been circulated prior to the meeting. Members were advised that, following publication of the report, Officers had sought Counsel’s advice on a number of matters which were set out in the Addendum. The advice received was summarised in the Addendum and included amendments to sections 3.2 and 5.2 of the Officers’ report. The Addendum also detailed seven new proposed conditions.

The Chairperson opened the floor to Members. Councillor W Stamp then proposed that the application be approved following Officers’ recommendations. This was duly seconded.

A discussion then ensued between Members and Officers, during which Officers provided the following information in response to questions raised:

·                  The conditions covered the removal of windows with timber panneling to be put in their place

·                  The ceiling was not required to be removed for the building to go back to its original use. There was not enough room for another floor to be put above the ceiling and there was no permission granted for an additional floor.

·                  The proposed changes to the conditions, as set out in the Addendum, were based on recommendations from Counsel that the conditions should be concise. Council had advised that conditions specifying all the uses that were not permitted were unnecessary, as the approval clearly stated the uses for which the building could be used.

·                  It was not necessary for the applicant to remove the shower or boiler system for the building to be used as an apple store.

The Chairperson then put the proposal to approve the application to the Committee. This was duly agreed by assent.

RESOLVED that the application be APPROVED subject to the following conditions:

Approved Plans

1.               The development hereby permitted shall be carried out in accordance with the approved plans and documents as set out by the decision notice.

Completion of Approved Works

2.         The works required to bring the building into full accordance with the approved plans shall be completed in accordance with the following timescales:

Within 3 months of the date of this permission:

a) the provision and retention of the internal layout shown on drawing 25.8171/P201; and

b) the removal from the building of all internal partitions, kitchen/cooking facilities, fitted domestic appliances, bath or shower facilities, and domestic fixtures or fittings not shown on the approved plans.

Within 6 months of the date of this permission:

c) the removal of existing window/door openings and blocking up/replacement/making good with the barn-style panelling/doors shown on drawing 25.8171/P201; and

d) the application of timber trims or vinyl/wood-effect cladding to the existing UPVC frames, as shown on drawing 25.8171/P201.

By 9 months of the date of this permission

e) the works to be completed to the satisfaction of the Local Planning Authority upon inspection

Following completion of the respective works, the approved external appearance and internal layout shall be retained (as completed) thereafter.

Use Restriction

3.         The building hereby permitted shall be used only as an apple storage barn for the storage and preparation of fruit grown within the associated holding shown on the approved site plan, and for the storage of agricultural machinery, tools, equipment and materials reasonably necessary for that use.

No Additional Openings or External Alterations

4.         Notwithstanding the provisions of Schedule 2, Part 6 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), or any Order revoking and re-enacting that Order with or without modification, no additional windows, doors, rooflights or other external openings shall be inserted into the building and no external alterations shall be made, other than those expressly approved by this permission, unless planning permission has first been granted by the Local Planning Authority. This condition shall not prevent like-for-like repairs or maintenance using matching materials and finishes.

Mechanical Plant

5.         No mechanical ventilation, refrigeration plant, extract system, compressor or similar fixed plant associated with the approved use shall be installed unless details have first been submitted to and approved in writing by the Local Planning Authority.

The submitted details shall include the location, design, noise rating and any mitigation measures. The plant shall thereafter be installed and operated only in accordance with the approved details. The rating level of noise emitted from any fixed plant shall not exceed the existing background sound level by more than 5dB at the nearest noise[1]sensitive receptor, when measured and assessed In accordance with BS 4142:2014+A1:2019, or any subsequent replacement standard.

Deliveries, Collections and Loading

6.         No deliveries to, or collections from, the site by commercial vehicles, and no loading or unloading associated with the approved use, shall take place outside the hours of 08:00 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays, or at any time on Sundays or Bank/Public Holidays.

External Lighting

7.         No external lighting, including security or access lighting, shall be installed unless a lighting scheme has first been submitted to and approved in writing by the Local Planning Authority. The scheme shall demonstrate that all lighting is low-glare, downward directed and appropriately cowled or shielded to prevent light spill beyond the area requiring illumination. It shall also be designed in accordance with Guidance Note 08/23 Bats and Artificial Lighting at Night (Institute of Lighting Professionals) and shall include details of the location, height, design, luminance, colour temperature, direction, cowling/shielding, hours of operation and any motion sensors or timers. The lighting shall thereafter be installed and operated only in accordance with the approved details.