Development Management Report

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1 Committee and Date Central Planning Committee 5 th April 2012 Item 13 Public Development Management Report Responsible Officer: Stuart Thomas Tel: Fax: Summary of Application Application Number: 12/00742/FUL Parish: Shrewsbury Town Council Proposal: Erection of 3 temporary office buildings and associated car parking Site Address: County Highways Depot Shropshire Council 107 Longden Road Shrewsbury Shropshire Applicant: Ringway Infrastructure Services Ltd Case Officer: Nanette Brown Grid Ref: Crown Copyright. All rights reserved. Shropshire Council For reference purposes only. No further copies may be made.

2 Recommendation: Grant Permission subject to the conditions sets out in Appendix 1. Recommended Reason for Approval The principle of erecting new offices within an established employment site is acceptable and the siting, scale and design of the proposed temporary buildings is considered appropriate in the context of the site and for a temporary period. The proposed development will not have any greater impact on the amenities of the neighbouring residents or highway safety and as such the development complies with Shropshire Core Strategy policies CS2, CS6 and CS13. REPORT 1.0 THE PROPOSAL 1.1 This application proposes the siting of three temporary buildings to be used as offices for Ringway Infrastructure Services Ltd at the existing Council Highways Depot on Longden Road, Shrewsbury. 1.2 Two of the buildings are to be located next to each other, with a connecting link, in the south west part of the site, to the rear of the existing office buildings. The third is on the south east boundary with the railway line, between and existing staff facilities building and store. All three buildings are proposed to be single storey, flat roof, structures which are brought onto site ready built. 2.0 SITE LOCATION/DESCRIPTION 2.1 Longden Road depot extends to just over 2.5 hectares, is within the ownership of Shropshire Council and serves as one of the depots for Council services. Ringway have recently been awarded a highway contract from the Council and are seeking to improve the facilities at the depot. 2.2 The depot is set back from Londgen Road behind other business uses and is part of a wider employment site situated to the north and west. Surrounding units are a mix of two storey brick and two storey clad buildings providing offices and light industrial uses. Within the depot are single storey brick offices, two storey storage buildings and a two storey, dome shaped, store. To the east is a well established hedge boundary with a footpath, the railway line and residential properties on the opposite side and allotments lie to the northeast. 3.0 REASON FOR COMMITTEE DETERMINATION OF APPLICATION 3.1 This application is for development on land owned by the Council and is not in-line with the statutory functions of the Council as such the scheme of delegation requires a committee decision.

3 4.0 COMMUNITY REPRESENTATIONS 4.1 Consultee Comments Shrewsbury Town Council Raise no objections to this application Council Drainage Engineer Have no comments, from a drainage and flood risk perspective, regarding the erection of 3 No. temporary office buildings and associated car parking as the temporary office buildings sit on the existing tarmac area. The rainwater from the roof should be connected into a surface water drainage system. Council Public Protection Officer Does not have any comments to make in respect of this application. Council Highway Officer The proposed temporary buildings and associated car parking do not raise any undue highway implications. The site is located within an existing highways depot, to which the access arrangements are satisfactory and can accommodate the likely extra vehicle movements the proposal is likely to generate. 4.2 Public Comments One letter of representation has been received following the consultation undertaken on this application. The main area of concern is: - yet another source of noise in an already noisey yard. We are a close neighbour to the yard and proposed development. 5.0 THE MAIN ISSUES Policy & principle of development Siting, scale and design Impact on residential amenity Highways and car parking Other matters 6.0 OFFICER APPRAISAL 6.1 Policy & principle of development The Shropshire Core Strategy was adopted in 2011 and now forms the principle local plan for Shropshire. Core Strategy policies CS1 and CS2 set Shrewsbury as the focal point for growth, including for employment uses, and as such the principle of new buildings for employment use is supported by these overarching policies. Other policies which are relevant are CS6, which sets sustainable design and development principles, seeking to promote sustainable development which does not have an adverse impact on the area, amenities of neighbours or highway safety and CS13 which supports economic development, enterprise and employment in appropriate locations.

4 6.1.2 The application is submitted for a temporary period to enable Ringway to fulfil their contract with the Council. The long term intention is to replace the temporary structures will permanent office buildings, however the current proposal will enable the business to operate from the site without delay. As the proposal is for office units on an existing employment site the principle is acceptable. Whether the siting, scale and design is appropriate is considered below. 6.2 Siting, scale and design The proposal is to site two of the buildings adjacent to the existing brick office buildings and the third between a staff facilities building and a store. These locations are within the existing depot site, on existing hard standing, and will not appear out of context with the existing development. In terms of scale the proposed buildings are single storey and flat roof with a maximum height of 2.7 metres above ground level. This is similar in scale to other existing offices on the site and a much smaller scale than the storage and maintenance buildings which are two storey plus The design of the buildings are standard for this form of structure, simple rectangular footprint with a flat roof and clad in plastic coated steel. The finished colour proposed is light grey with dark grey features. As temporary structures officers consider these colours to be acceptable and consider that the siting, scale and design meet the requirements of policies CS6 and CS Impact on residential amenity One letter of representation has been received on the basis that the proposal is yet another source of noise on an already noisy yard. Officers accept that the depot use has the potential to be noisy due to the type of vehicles, the level of vehicle movements and that these movements may be early in the mornings. However, the current application is for three new office buildings which are not considered by officers to be noisy uses. The use of the depot is established and cannot be controlled through the current application. The Council Public Protection Officer has not raised any objections to the proposal and the nearest neighbouring dwellings to the new office buildings is 37 metres away with a hedge, footpath and the railway in between. As such officers do not consider that the proposed office units will have any detrimental impact on the amenities of the neighbouring residents and that the current proposal complies with policy CS Highways and car parking Access to the depot is off Longden Road and the application does not propose to alter the existing access. The application form submitted states that there will not be any additional jobs from the new offices, the new buildings are to provide improvements to the existing provision rather than increase the capacity at the site. Some of the staff currently work on the adjacent site and already park on the depot and as such, taking into consideration the existing traffic movements from highway maintenance vehicles, officers consider that the current proposal will not have any impact on the adjoining highway or surrounding road network in accordance with policy CS6.

5 6.4.2 The siting of the buildings on existing hard standing will result in the loss of 10 existing parking spaces. In order to compensate this loss, and to ensure that there is sufficient off-street parking, the application proposes the provision of 7 new spaces adjacent to the new office units. These new spaces are to be on permeable stone surface. It is considered that as there is no increase in staff the loss of 3 parking spaces is not unacceptable. 6.5 Other matters Trees It is proposed to erect the three buildings on existing hard standing and to retain all of the existing landscaping around the site. At this stage no new landscaping is proposed and officers consider that this is acceptable and that the existing hedge boundary provides sufficient screening Drainage The foul drainage from the office buildings is to be connected to the existing mains and as the buildings are to be located on existing hard standing there will not be any increase in surface water run-off. The new parking spaces are to be provided on porous surface and therefore will not have a surface water implication and the Council Drainage Engineer has confirmed that he has no objection subject to the rainwater from the roofs being connected into a surface water drainage system. 7.0 CONCLUSION 7.1 The principle of erecting new offices within an established employment site is acceptable and the siting, scale and design of the proposed temporary buildings is considered appropriate in the context of the site and for a temporary period. The proposed development will not have any greater impact on the amenities of the neighbouring residents or highway safety and as such the development complies with Shropshire Core Strategy policies CS2, CS6 and CS RISK ASSESSMENT AND OPPORTUNITIES APPRAISAL 8.1 Risk Management There are two principal risks associated with this recommendation as follows: As with any planning decision the applicant has a right of appeal if they disagree with the decision and/or the imposition of conditions. Costs can be awarded irrespective of the mechanism for hearing the appeal - written representations, a hearing or inquiry. The decision is challenged by way of a Judicial Review by a third party. The courts become involved when there is a misinterpretation or misapplication of policy or some breach of the rules of procedure or the principles of natural justice. However their role is to review the way the authorities reach decisions, rather than to make a decision on the planning issues themselves, although they will interfere where the decision is so unreasonable as to be irrational or perverse. Therefore they are concerned

6 with the legality of the decision, not its planning merits. A challenge by way of Judicial Review must be a) promptly and b) in any event not later than three months after the grounds to make the claim first arose first arose. Both of these risks need to be balanced against the risk of not proceeding to determine the application. In this scenario there is also a right of appeal against non-determination for application for which costs can also be awarded. 8.2 Human Rights Article 8 give the right to respect for private and family life and First Protocol Article 1 allows for the peaceful enjoyment of possessions. These have to be balanced against the rights and freedoms of others and the orderly development of the County in the interests of the Community. First Protocol Article 1 requires that the desires of landowners must be balanced against the impact on residents. This legislation has been taken into account in arriving at the above recommendation. 8.3 Equalities The concern of planning law is to regulate the use of land in the interests of the public at large, rather than those of any particular group. Equality will be one of a number of relevant considerations that need to be weighed in planning committee members minds under section 70(2) of the Town and Country Planning Act FINANCIAL IMPLICATIONS 9.1 There are likely financial implications of the decision and/or imposition of conditions is challenged by a planning appeal or judicial review. The costs of defending any decision will be met by the authority and will vary dependant on the scale and nature of the proposal. The financial implications of any decision are not a material planning consideration and should not be "weighed" in planning committee members' mind when reaching a decision. 10. BACKGROUND 10.1 Relevant Planning Policies Central Government Guidance: PPS1 Delivering Sustainable Communities PPS1 Supplement Planning and Climate Change PPS4 Planning for Sustainable Economic Growth West Midlands Regional Spatial Strategy Policies: UR1B Housing and Employment Land

7 Core Strategy and Saved Policies: CS1 Strategic Approach CS2 Shrewsbury Development Strategy CS6 Sustainable Design and Development Principles CS13 Economic Development Enterprise and Employment 10.2 Relevant Planning History: SA/99/0658 Erection of a two storey side extension to provide a living room, utility and w.c. on ground floor and third bedroom with en-suite and bedroom/study on first floor and alterations to existing vehicular access. GRANTED 6th October ADDITIONAL INFORMATION List of Background Papers (This MUST be completed for all reports, but does not include items containing exempt or confidential information) Cabinet Member (Portfolio Holder): Cllr M. Price Local Member: Cllr Mike Owen Appendices APPENDIX 1 - Conditions

8 APPENDIX 1 Conditions STANDARD CONDITIONS 1. This permission shall be for a period of 2 years, from the date of this permission, by which date the building shall have been removed and the site reinstated to its previous condition in accordance with a scheme of work submitted to and approved by the Local Planning Authority. The scheme shall be approved prior to the commencement of any works to reinstate the land. Reason: This building is unsuitable to form part of the permanent development of the area and to enable the Local Planning Authority to give further consideration to the buildings retention at the expiration of this permission having regard to the circumstances existing at that time. 2. The development shall be carried out strictly in accordance with the approved plans and drawings. Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans and details. CONDITIONS THAT REQUIRE APPROVAL DURING THE CONSTRUCTION/PRIOR TO THE OCCUPATION OF THE DEVELOPMENT 3. The external materials and their colour shall be as shown on the deposited plan, no alterations shall be made to these materials or colour without the express consent in writing of the Local Planning Authority. Reason: To ensure that the proposed development shall harmonise with surrounding development. 4. The development hereby permitted shall not be brought into use until the car parking shown on the approved plans has been provided, properly laid out, surfaced and drained, and the space shall be maintained thereafter free of any impediment to its designated use. Reason: To ensure the provision of adequate car parking, to avoid congestion on adjoining roads, and to protect the amenities of the area.

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