Agenda item

FUL/MAL/18/01032 - Units At Bentalls Industrial Complex, Colchester Road, Heybridge, Essex, CM9 4NW

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

 

Minutes:

Application Number

FUL/MAL/18/01032

Location

Units At Bentalls Industrial Complex Colchester Road Heybridge Essex CM9 4NW

Proposal

Section 73A application for the change of use to storage and distribution (Use Class B8).

Applicant

Mr A Gunn

Agent

Mrs C Legg - Smart Planning Ltd

Target Decision Date

11.01.2019 E.o.T.  25 January 2019

Case Officer

Spyros Mouratidis

Parish

HEYBRIDGE WEST

Reason for Referral to the Committee / Council

Major Application

Not Delegated to Officers

 

The Committee received the Officer’s presentation, after which the Agent, Russell Ford from Smart Planning Ltd, addressed the Committee.

 

The Chairman drew the Committee’s attention to the Members’ Update which detailed amendments to conditions 4, 8, and 9 of the Officer’s report.

 

A brief discussion ensued in which Members noted that the site had been neglected for an extended period of time and welcomed the jobs that the potential development would bring to the area.  Members were advised by the Chairman that concerns over the revival of historic notice complaints at the site would be mitigated by the loading bay being situated inside the building and accessed at the rear of the site.

 

The Chairman put the Officer’s recommendation of approval to the Committee and upon a vote being taken the application was approved.

 

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

 

1          Notwithstanding the provisions of Article 3 of the Town & Country Planning

(General Permitted Development) Order 2015 (or any Order amending, revoking or re-enacting that Order), premises shall only be used for purposes falling within Use Class B8 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 as amended (or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order) and for no other purpose.

2          The use of the premises shall only operate between 07:00 hours and 19:00 hours Mondays to Fridays, 08:00 hours and 13:00 on Saturdays and at no time on Sundays, Bank and Public Holidays.

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 07:00 hours and 19:00 hours on weekdays and between 08:00 hours and 13:00 hours on Saturdays and not at any time on Sundays and Public Holidays.

4          No process loading or unloading shall be undertaken outside the buildings.

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 buildings 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.

6          No items shall be stored outside of the buildings.

7          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 three months of the date of this decision a scheme, including a timetable for its implementation, to assess, establish and rank the noise sources associated with the operation hereby permitted and to evaluate Page 32 Agenda Item no. 5 the Applicant’s preferred mitigation measures as to whether they are appropriate for the established noise sources, carried out by a suitably competent person, shall have been submitted for the written approval of the local planning authority; or

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 details and timetable.

8          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 three months of the date of this decision a scheme, including a timetable for its implementation, to provide at least 12 covered and secure cycle parking spaces within the Application Site shall have been submitted for the written approval of the local planning authority; or

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 details and timetable.

9          The submitted Flood Warning and Evacuation Plan prepared by Smart Planning with reference 18.5388 shall be available at all time on the premises and its conclusions shall be adhered to in perpetuity.

Supporting documents: