PLANNING APPLICATION: 12/00056/APP

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1 PLANNING APPLICATION: 12/00056/APP In the event that a recommendation on this planning application is overturned the Committee is reminded of the advice contained on the front page of the agenda for Reports on Applications The Proposal The application seeks Planning Permission for the change of use of a Kick Boxing facility (Class 11) to Class 4, 5 & 6 (Business, General Industrial and Storage or Distribution) use at Unit 2, Greshop Road, Forres. The Site The application site relates to an existing unit within the Greshop Industrial Estate. This existing Industrial Land has been designated as I1 (Greshop West) and primarily reserved for uses defined by Classes 4 (business), 5 (general industrial) and 6 (storage and distribution) of the Use Classes Order The site is susceptible to flooding as defined within the 1:200 flood event SEPA maps. Policy / Objections-Representations / Consultations - See Appendix History For the site; 98/00462/FUL - Permission Granted for the change the use to a veterinary surgery at Units 1 and 2 at Forres Food Park, Greshop Industrial Estate, Forres, Moray 05/00873/FUL - Permission Granted for the change of use of a bakery to a Korean martial arts studio at 2 Greshop Road, Greshop Industrial Estate, Forres, Moray. For the area; 03/00339/FUL - Permission Granted for a change of use from food processing to mechanical engineering - vehicle repair/maintenance at 5 Greshop Road, Greshop Industrial Estate, Forres, Moray. 03/00681/FUL - Permission Granted for a change of use of the building from teleworking centre to small coffee shop/garden centre and associated sales/display at 1 Greshop Road, Greshop Industrial Estate, Forres. 04/00369/FUL - Permission Granted for a change of use from manufacturing to processing and re-cycling at D & S Metals, 17 West Road, Greshop Industrial Estate, Forres. 08/01020/EIA - Permission Granted to construct the Forres (River Findhorn and Pilmuir) Flood Alleviation Scheme at Pilmuir and along adjacent to the River Findhorn and from The A96 Roadbridge to the Backrun, Forres, Moray. Advertisement

2 Advertised for neighbour notification purposes. Observations Section 25 of the 1997 Act as amended requires that applications be determined in accordance with the development plan (i.e. the Approved Moray Structure Plan and adopted Moray Local Plan 2008) unless material considerations indicate otherwise. In this case, the main planning issues are set out below: The main planning issues are; Ensuring the compatibility of the proposed change of use from Class 11 to Class 4, 5 and 6 in light of the relevant policies, namely, I1 in the Forres Settlement Statement, ED3 Business uses on Industrial Estates, ED5 Existing Business Area, T5 Parking Standards, EP7 Control of Development in Flood Risk Areas and IMP1 Development Requirements. The application site lies within an established Industrial Estate in which food related and high amenity uses are to be promoted and developed according to Settlement Statement I1. The application proposes a change of use to Class 4,5 and 6 which will ensure compatibility with neighbouring uses. Policy ED3 recognises Industrial Estates will be primarily reserved for uses defined by Classes 4 (business), 5 (general industrial) and 6 (storage or distribution) of the Use Class Order 1997 and policy ED5 Existing Business Areas states that development within existing business use areas, business development, re-development or expansion will be acceptable, subject to environmental considerations and compatibility with neighbouring uses. As neighbouring uses here are all non domestic, eg garden centre, and Environmental Health have not objected to the use classes proposed, there is not considered to be a risk of incompatibility between existing and proposed used with Classes 4, 5 and 6 as applied for. T5 Parking Standards The Transportation Manager has assessed the proposal and has raised no objection to the proposal subject to a condition covering provision of parking facilities. EP7 - in terms of any restriction incurred by flood risk, this application does not constitute any material change to an existing building and would not exacerbate flood issues in this locality. Informal discussion had taken place with SEPA Aberdeen who had confirmed that as the development related solely to the change of used the existed building no consultation would be required. On the basis of the above approval is recommended subject to the conditions imposed. Author/Contact Officer: Stuart Morrison Planning Officer Ext: Beverly Smith Manager (Development Management)

3 APPENDIX POLICY Moray Structure Plan 2007 and/or Moray Local Plan 2008 ED5: Existing Business Areas Within existing business areas, business development, redevelopment or expansion (excluding retail) will be acceptable, subject to environmental considerations and compatibility with neighbouring uses. These areas tend to have a long established usage and the expansion or introduction of non business uses will not be permitted, except where the total redevelopment of the site is proposed. I1 Greshop West This site will be promoted and developed for food related or high amenity uses. The site is subject to flooding. A detailed Flood Risk Assessment will be required for any planning application that is submitted for this site. T5: Parking Standards Proposals for development must conform with the Council s policy on parking standards. Policy T2: Provision of Road Access The Council will require that a suitable and safe road access from the public highway is provided to serve new development and where appropriate any necessary modifications to the existing road network to mitigate the impact of development traffic, and the provision of appropriate facilities for public transport, cycling, and pedestrians. Access proposals that have a significant adverse impact on the surrounding landscape and environment that cannot be mitigated will be refused. SPP17 details that there will be a presumption against new accesses onto a trunk road, and that the Scottish Executive will consider the case for such junctions where nationally significant economic growth or regeneration benefits can be demonstrated. IMP1: Development Requirements New development will require to be sensitively sited, designed and serviced appropriate to the amenity of the surrounding area. It must meet the following criteria: a. the scale, density and character must be appropriate to the surrounding area, b. the development must be integrated into the surrounding landscape, c. adequate roads, public transport, and cycling and footpath provision must be available, at a level appropriate to the development, d. adequate water, drainage and power provision must be made,

4 e. sustainable urban drainage systems should be used where appropriate, in all new developments f. there must be adequate availability of social, educational, healthcare and community facilities, g. the development should, where appropriate, demonstrate how it will incorporate renewable energy systems and sustainable design and construction. Supplementary Guidance will be produced to expand upon some of these criteria, h. provision for the long term maintenance of public landscape and amenity areas must be made, i. conservation of natural and built environment resources must be demonstrated, j. appropriate provision to deal with flood related issues must be made, including the possibility of coastal flooding from rising sea levels and coastal erosion, k. pollution, including ground water must be avoided, l. appropriate provision to deal with contamination issues must be made, and m. the development must not sterilise significant workable reserves of minerals, prime quality agricultural land, or preferred areas for forestry planting. n. where appropriate, arrangements for waste management should be provided. Policy IMP3: Developer Contributions Contributions will be sought from developers in cases where, in the Council s view, a development would have a measurable adverse or negative impact on existing infrastructure, community facilities or amenity, and those contributions would have to be appropriate to reduce, eliminate or compensate for that impact. Where the necessary contributions can be secured satisfactorily by means of planning conditions attached to a planning permission, this should be done, and only where this cannot be achieved, for whatever reason, the required contributions should be secured through a planning agreement. EP9: Contaminated Land Development proposals on potentially contaminated land will be approved if: a. site specific risk assessments are undertaken by the applicant to identify any actual or possible significant risk to human health or safety, or to the environment and that any previous historic uses are not continuing to cause significant pollution to the water environment, and b. effective remediation measures are agreed to ensure the site is made suitable for any new use granted consent, and c. appropriate measures for the disposal of any contaminated material is agreed with the Council.

5 The Council will consult SEPA in respect of pollution of controlled waters and licensing issues arising from remediation works. EP7: Control of Development in Flood Risk Areas Proposals for development in areas considered to be at risk from flooding will only be permitted where a flood risk assessment to comply with the recommendations of National Guidance and be satisfactory to both SEPA and the Council is provided by the applicant. The assessment must demonstrate that any risk from flooding can be satisfactorily mitigated without increasing flood risk elsewhere. New development should not take place if it would be at significant risk of flooding from any source or would materially increase the possibility of flooding elsewhere. Due to continuing changes in climatic patterns, the precautionary principle will apply when reviewing any application for an area at risk from inundation by floodwater. The following limitations on development will also be applied to take into account the degree of flooding as detailed in National Guidance; a. in areas of little of no risk (less than 0.1%) there will be no general constraint to development. b. areas of low to medium risk (0.1% to 0.5%) will be considered suitable for most development. However, these areas will generally not be suitable for essential civil infrastructure such as hospitals, fire stations, emergency depots etc. Where such infrastructure has to be located in these areas or is being substantially extended, they must be capable of remaining operational and accessible during extreme flooding events. c. in areas of medium to high risk (0.5% or above) i. in built up areas most development may be acceptable if flood prevention measures exist, are under construction, or are planned. ii. iii. essential civil infrastructure will generally not be permitted. undeveloped and sparsely developed areas are generally not suitable for additional development. Exceptions may arise if a location is essential for operational reasons. EP5: Surface Water Drainage: Sustainable Urban Drainage Systems (SUDS) Surface water from development should be dealt with in a sustainable manner that avoids flooding and pollution and promotes habitat enhancement and amenity. All sites should be drained by a SUDS system or equivalent. A Drainage Assessment will be required for developments of 10 houses, or greater than 100 sq metres for non residential proposals. Applicants must agree provisions for long term maintenance to the satisfaction of the Council, SEPA and Scottish Water. Policy ED3: Business Uses on Industrial Estates Recognised industrial estates will be primarily reserved for uses defined by Classes 4 (Business); 5 (General Industrial) and 6 (Storage or Distribution) of the Use Classes Order Some activities within Class 5 may be considered inappropriate for environmental reasons (e.g. noise, dust, vibration or fumes) and will not be permitted.

6 Shops and outright retail activities will not be allowed; the only retailing permissible will be that which is considered to be ancillary to some other activity (e.g. manufacture; wholesale). For the purposes of this policy, ancillary is taken as being linked directly to the existing use of the unit and comprising no more than 10% of total floor area up to a total of 1,000 square metres gross. Class 2 (Financial, Professional Services), Class 11 (Assembly and Leisure), and activities which do not fall within a specific use class will be considered in relation to their suitability to the industrial estate concerned, and the available supply of employment land. OBJECTIONS-REPRESENTATIONS No letters of objection/representation were received. CONSULTATIONS Environmental Health - No objection. Informative recommended. Contaminated Land - No objection. No further action. Planning Gain Unit - The proposal is for a change of use with no additional floor space created. As such there is no developer contribution required. Transportation - No objection. Conditions recommended. Building Standards - A building warrant is not required. Moray Flood Alleviation- If the footprint of the building remains the same and measures are taken to make the building more flood resilient during any refurbishment (raising electrical circuits etc.) and there is no adverse impact to the neighbouring properties then MFA have no objection to this change of use.