Agenda item

The Officer presented the report to the Committee and drew attention to the Members’ Update which contained detail of responses received from both the Highways Authority and the Lead Local Flood Authority.  The Officer then highlighted details of an email received from the Agent that contained the following:

·         Permission had been given in 2015, but the Officer advised that this was for storage within the buildings only;

·         Section 5.4.4 of the report addressed highways issues;

·         Environmental Health had looked into the issue of noise and this was addressed at section 7.3 of the report;

·         Landscaping had been introduced, but would only offer limited screening.

Following the Officer’s presentation Mr P Le Grys, the Agent, addressed the Committee.

There followed a lengthy debate on this application and Councillor J V Keyes, a Ward Member proposed that this application be approved contrary to the Officer’s recommendation.  He was of the opinion that the previous use of the site would have involved much more noise, the fence that was there was necessary for security and hedging had been planted to provide screening, it was possible to turn a lorry at the end of the road and the sheds were only to be used to store second hand material.

The proposal was duly seconded.

Members had previously requested that the Applicant provide a more specific application giving greater detail.  The Applicant had complied with that request and Members were minded to approve the application in light of the new application.  It was difficult to refuse when the Applicant had done what Members asked of them.

Members were content to put the contrary motion to a vote, provided there were stringent conditions imposed to protect neighbours and to limit vehicle access.

In response to a question regarding the future use of the site, the Development Management Team Leader confirmed that future use of the site could be changed if it were not a material change of use and this could not be avoided.  All conditions would have to satisfy tests of enforceability.  The Development Management Team Leader reiterated that the reason for recommending refusal was the significant visual impact as the storage exceeded 2m in height, together with the increase in noise.

A question was asked as to the current use of the site and the Development Management Team Leader confirmed that it was B8 use.

Members considered the site to have changed enormously and the Development Management Team Leader advised that an informative would be added to reflect the request for a shelter belt with trees planted.

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

1          Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order), premises shall only be used for purposes related to the storage of building materials (such as timber boards, bricks, tiles, concrete slabs and sealed packs of scaffolding poles (not loose poles that can be individually moved) etc.) falling within Class B8 of the Schedule to the Town & Country Planning Use Classes (Amendment) Order 2005 (or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order) and for no other purpose.

            REASON: In order to ensure the appropriate use of the site in the interests of projecting the amenities of adjacent occupiers in accordance with policies D1 and D2 of the adopted Maldon District Replacement Local Plan.

2          The use of the premises shall only operate between 07:30 hours and 17:00 hours Mondays to Fridays, 07:30 hours and 13:00 on Saturdays and at no time on Sundays, Bank and Public Holidays.

            REASON: To ensure appropriate use of the site in the interests of protecting the amenities of adjacent occupiers in accordance with policies D1 and D2 of the adopted Maldon District Replacement Local Plan.

3          No machinery shall be operated nor shall any process be carried out and no deliveries or collections undertaken at the site other than between 07:30 hours and 17:00 hours on weekdays and between 07:30 hours and 13:00 hours on Saturdays and not at any time on Sundays and Public Holidays.

            REASON: To ensure appropriate use of the site in the interests of protecting the amenities of adjacent occupiers in accordance with policies D1 and D2 of the adopted Maldon District Replacement Local Plan.

4          No machinery other than a forklift truck and a dumper truck shall be used outside the building.

            REASON: To ensure appropriate use of the site in the interests of protecting the amenities of adjacent occupiers in accordance with policies D1 and D2 of the adopted Maldon District Replacement Local Plan.

5          No extraction or ventilation equipment, vents, air conditioning units or similar plant equipment shall be installed or fitted to any external part of the building except in accordance with a scheme to be submitted to and approved in writing by the local planning authority.  The scheme as approved and installed shall be retained as such thereafter.

            REASON: In order to ensure the appropriate use of the site and to protect the amenities of neighbouring residents in accordance with policies D1 and D2 of the adopted Maldon District Replacement Local Plan.

6          Within three months of the permission hereby granted, a schedule of all existing and proposed external illumination at the site shall be submitted to and approved in writing by the local planning authority.  All illumination within the site shall be retained in accordance with the approved schedule.  There shall be no other lighting of the external areas of the site other than in accordance with the approved schedule.

            REASON: To limit the visual impact of the proposed use of land and the impact on the rural character of the countryside and to protect the amenities of neighbouring residents in accordance within policies S8, D1 and D2 of the approved Maldon District Local Development Plan.

7          No retail or wholesale sales shall operate from the site.

            REASON: In order to ensure the appropriate use of the site and to protect the amenities of neighbouring residents in accordance with policies S8, D1 and D2 of the adopted Maldon District Replacement Local Plan.

8          No items shall be stored at the site at a height in excess of 3 metres above ground level (as measured from the highest ground level adjacent to any item).

            REASON: To limit the visual impact of the proposed use of land and the impact on the rural character of the countryside in accordance within policies S8 and D1 of the approved Maldon District Local Development Plan.

9          There shall be no more than 12 vehicle movements to or from the site by Heavy Goods Vehicles (vehicles exceeding a weight of 3.5 tonnes) on any day.

            REASON: To limit the impact of the proposed use of land on the highway network and the amenities of neighbouring residents in accordance within policies S1, D1, D2 and T2 of the approved Maldon District Local Development Plan.

10        The use hereby permitted shall cease and all equipment and materials brought onto the land for the purposes of such use shall be removed within three months of the date of failure to meet any one of the requirements set out in (i) to (iv) below:-

(i)         within 3 months of the date of this decision a scheme for landscaping shall have been submitted for the written approval of the local planning authority and the scheme shall include a timetable for its implementation

(ii)        if within 11 months of the date of this decision the local planning authority refuse to approve the scheme or fail to give a decision within the prescribed period, an appeal shall have been made to, and accepted as validly made by, the Secretary of State

(iii)       if an appeal is made in pursuance of (ii) above, that appeal shall have been finally determined and the submitted scheme shall have been approved by the Secretary of State

(iv)       the approved scheme shall have been carried out and completed in accordance with the approved timetable

            If within a period of five years from the date of the planting of any tree or plant, or any tree or plant planted in replacement for it, is removed, uprooted or destroyed or dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted at the same place, unless the local planning authority gives its written consent to any variation.  All approved hedge and tree planting shall be retained in perpetuity.

            REASON: To protect the residential amenity of neighbouring occupiers in line with policy D1 of the Local Development Plan and the guidance contained within the National Planning Policy Framework.

11        The area marked on the submitted plans as a vehicle turning area at the south of the application site shall be kept entirely clear, used only for the turning of vehicles and not used for the storage of any items or the parking of vehicles.

            REASON: In the interests of highway safety and limit the visual impact of the proposed development on the rural character of the countryside, in accordance with policies S8, D1 and T2 of the approved Maldon District Local Development Plan.

INFORMATIVE

Please note that in relation to condition 10 of the permission hereby granted, the Local Planning Authority will expect the amended scheme of landscaping to be of substantial depth and height, representing a 'shelter belt' with tree planting as well as hedges.