Officer Report on Planning Application: 14/00076/FUL

Transcription

1 Officer Report on Planning Application: 14/00076/FUL Proposal: Site Address: Parish: CARY Ward (SSDC Member) Recommending Case Officer: Erection of single storey industrial building and two storey portacabin site office; change of use of site to B2 (General Industrial). Retrospective. (GR /131430) Bull Farm Dimmer Castle Cary Castle Cary Cllr N Weeks Cllr H Hobhouse Lee Walton Tel: (01935) lee.walton@southsomerset.gov.uk Target date: 19th March 2014 Applicant: Mr Tim Heal Agent: Stuart Sinclair Seymour Studios Bratton Seymour Wincanton BA9 8BY Application Type: Minor Other less than 1,000 sq.m or 1ha REASON FOR REFERRAL This application is referred to the committee at the request of the Ward Member with the agreement of the Area Vice Chairman to enable the comments of the Town Council and Neighbours to be fully debated. SITE DESCRIPTION AND PROPOSAL SITE Meeting: AE12A 13:14 47 Date:

2 SITE The application is retrospective seeking continued use of the site and existing buildings as B2 (General Industrial), a change from the permitted B8 (warehousing and distribution) use. Permission is sought for the retention of two structures already on site; namely, a single storey industrial storage building with lean to roof, measuring 18m wide by up to 5m deep, with external finishes similar to the approved building, and a two storey port-a-cabin type site office with flat roof measuring 9m wide by 6m deep, with two tone horizontal cladding. The application site is located on the Dimmer Waste industrial estate and is surrounded by industrial premises to all sides comprising scrap, storage, vehicle repair and incinerator type uses. There is a large centrally located industrial building, approved under the 2008 permission, for which sound mitigation measures are required including the open area between this and the adjacent residential mobile home on the east side that gained a Certificate of Lawfulness in 1999, ref: 99/01314/COL. The wider industrial site was included in the former Wincanton and South Somerset Local Plans as for 'bad neighbour industries' (ME/CACA/3), although this was not carried forward to the current local plan. NOTE: The site's planning history shows that permission was given for a B2 use under the 2001 permission although the buildings under that permission seem not to have been erected or were cleared from the land prior to the 2008 permission whose application indicates the current use of the site falls within the B8 use class. HISTORY 10/01366/FUL - Erection of a steel framed and clad building for storage purposes, Approved 26/05/10. (OFFICER NOTE: This structure's metal frame is built but otherwise left incomplete as at January 2014). Meeting: AE12A 13:14 48 Date:

3 08/00890/FUL - Erection of a new warehouse/ steel portal framed building, Approved 6/05/08 and erected on site. 02/00191/CPO - Removal of condition 4 relating to working hours and the variation of condition 5 relating to noise limits (ref: 01/01762/CPO). 01/01762/CPO - Erection of a tyre shredding plant, temporary building for office/ staff rest room and boundary security fencing, Approved 27/07/01. (OFFICER NOTE: The buildings are assumed not to have been erected, having been shown still to be built in the subsequent application, but seem to have been removed - if ever constructed - by the time of the planning officer's site visit for the 2008 application) Continued use of land for car breaking, scrap yard and for the storage, repair and sale of lorries, Approved 28/11/85. (OFFICER NOTE: the 2001 application included a statement by the then applicant that the 1985 use subsisted until their purchased the site in August 2000) Use of land as a car breaking and scrap yard and for the storage, repair and sale of lorries, Approved 21/10/ Use of land and premises for storage of scrap metal, Refused, 12/12/79. Part of the Dimmer Military Camp POLICY Section 38(6) of the Planning and Compulsory Purchase Act 2004 repeats the duty imposed under S54A of the Town and Country Planning Act 1990 and requires that decision must be made in accordance with relevant Development Plan Documents unless material considerations indicate otherwise. Relevant Development Plan Documents include: South Somerset Local Plan 2006: ME4 - Employment Development in the Countryside ST3 - Development Areas ST5 - General Principles of Development ST6 - The Quality of Development EC3 - Landscape Character CONSULTATIONS Castle Cary Town Council: Not supported. Concern was raised regarding the change of use from B8 status (storage and distribution) to B2 (general industrial). Environmental Protection: While I recognise the existence of a residential site adjacent to this application, the application site is within a recognised longstanding industrial area. I therefore cannot recommend refusal of the application. However I feel that reasonable steps can be taken to protect the residential amenity of the nearby dwelling and recommend conditions to control noise emanating from the site, and limiting the hours of operation. Environment Agency: No objection. County Highways as at the 13 March 2014 have not commented to the effect that there are highway safety issues. Meeting: AE12A 13:14 49 Date:

4 REPRESENTATIONS There have been three neighbour notifications received that object to the proposal concerned that: Dimmer is a rural area not suited to industrial developments such as this; Creeping industrialisation; Noise levels; Fumes; Working hours. CONSIDERATIONS The main considerations include the principle of development, character and appearance, neighbour amenity and highway safety. Principle of Development: The immediate locality was previously identified for 'bad neighbour industries' and although there is no such designation at the present time, there are a number of historic uses that surround the application site linked to waste recycling, scrap metal and car breaking and vehicle repairs that fall within B2 and Sui Generis uses. There was also a previous B2 use on the application site although by the time of the 2008 permission a warehouse use (B8) was considered. At that time the planning officer's report describes the land as currently vacant and covered in hard-core indicating that the B2 use had been extinguished. Thus the application site is located within an established industrial estate, and is surrounded by such uses, rather than found at its edge or else forming a projection into the open countryside. The principle of development is thus supported given the context of the surrounding commercial activities into which this B2 use would sit comfortably. Character and Appearance: The application site is seen very much embedded within the surrounding lawful activities and as such the structures that have been erected on site are considered would not cause any demonstrable harm to character and appearance. Neighbour Amenity: In considering the amenity of the adjacent residential unit the views of the Environmental Protection Officer attract particular weight. The occupant of the mobile home in their objection draws attention to the disturbance that arises from the noise, hours of use and fumes. They conclude by referring to possible conditions to be applied including working hours and closure of the roller shutter within the eastern elevation when works are being undertaken. These are considerations given by the Environmental Protection Officer in their response to the application. Conditions are proposed restricting hours of use and to ensure openings within the eastern elevation of the main industrial building to address the neighbour amenity concerns and on this basis the proposal is considered would cause no demonstrable harm to residential amenity. Highway Safety: The access point remains the same as previously approved and it is considered that no highway safety matters would arise from the proposal. Concluding Remarks: The impact on the residential occupant adjoining on the east side of the site is a primary concern. The site's context is otherwise industrial and seen in context with the Meeting: AE12A 13:14 50 Date:

5 surrounding B2 type uses and with the condition safeguards that can be put in place the activities on site are considered would not have a significantly detrimental impact on the residential use of the adjoining site. While the consultation responses have referred to the rural location in this specific case the application site is embedded within a surrounding industrial presence so that the B2 change of use that is sought cannot be said to contribute to any feared creeping industrialisation on the rural character of the immediate locality. RECOMMENDATION Approve. 01. The proposal, by reason of its location, scale and type of use, respects the character of the area and with the safeguards conditioned causes no demonstrable harm to residential amenity in accordance with the aims and objectives of policy ST6 of the South Somerset Local Plan (Adopted April 2006). SUBJECT TO THE FOLLOWING: 01. Notwithstanding the time limits given to implement planning permission as prescribed by Sections 91 and 92 of the Town and Country Planning Act 1990 (as amended), this permission (being granted under section 73A of the Act in respect of development already carried out) shall have effect from the 22 January Reason: To comply with Section 73A of the Act. 02. The development hereby permitted shall be carried out in accordance with the following approved plans: TC1345/1 received 15 January Reason: For the avoidance of doubt and in the interests of proper planning. 03. The use of the site and associated buildings hereby permitted falls within the B2 Use Class of the Use Classes Order 1987 (as amended) with ancillary storage. Reason: To avoid any ambiguity as to what is approved. 04. Within 3 months of this permission a sound mitigation scheme for noise emanating from the site shall be submitted to and agreed in writing by the Local Planning Authority. The agreed noise mitigation scheme shall be implemented and maintained as part of the approved development and shall not be altered without the prior written approval of the Local Planning Authority. Reason: To protect the amenity of the locality, especially for people living and/or working nearby, in accordance with Local Planning Policy. 05. There shall be no manufacturing operations on the premises outside the hours of 07:00hrs and 18:00 hours Monday to Friday and 08:00hrs and 13:00hrs on Saturdays, or at any time on Sundays or Bank Holidays. Reason: To protect the amenity of the locality, especially for people living and/or working nearby, in accordance with Local Planning Policy. Meeting: AE12A 13:14 51 Date:

6 Informatives: 01. Details required by condition 4 shall include the closure of openings within the east elevation facing towards the adjacent residential unit and no construction works to be undertaken within the open area on this side of the building which is to be solely used for storage ancillary to the B2 Use and for no other purpose. Meeting: AE12A 13:14 52 Date: