Decision details

2/2018/0034 - The Old Tan Yard, Laurel Terrace, Wigton - Application for change of use from B1 light industrial use to D1 nursery use class and erection of single storey extension

Decision Maker: Development Panel

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Representations

 

Joe Brown spoke in objection to the application.

 

Councillor John Crouch, Ward Councillor for Wigton spoke in support of the application.

 

The applicant, Mr Smallwood and his agent, Mr Hale spoke in support of the application.

 

Application

 

The Planning Implementation Manager recommended approval.

 

The Planning Implementation Manager outlined the application and detailed the main issues within the report as follows:

 

  • Principle:

 

This development brings back into use a vacant building into an employment generating use that is an asset that will serve the community in a sustainable location.

 

  • Transport and Highways:

 

The site is in a sustainable location. Of the residual car borne trips, there will not be a material change in comparison to the reuse of the site for its extant use. Cumbria Highways have raised no objections in relation to highway safety, the proposal is considered acceptable.

 

  • Noise:

 

The site is within very close proximity to residential properties. A Noise Management Plan has been submitted with the proposal and Environmental Health has confirmed that they have no objections. On the basis of this advice, the proposal is considered acceptable in this regard.

 

  • Contamination:

 

A desk top study has been provided as part of the submission, both Environmental Health and Environmental Agency have confirmed that they raise no objections subject to conditions being placed.

 

Members noted the representations received in respect of the application, the main grounds of which were set out in the report. Members also noted the additional consultations received since the preparation of the officer’s report. A further objection had been received in relation to a procedure undertaken by the council. The objection related to the construction of a block built, flat felt roofed extension with grey UPVC windows to Conservation Area that will neither conserve nor enhance that conservation area.

 

Councillor R Munby moved that the application be approved as per the officer’s recommendation. This was seconded by Councillor M Jenkinson.

 

A vote was taken on the motion. 8 voted in favour, 2 voted against. The motion was carried.

 

Decision

 

Approved

 

Conditions

 

  1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason: In order to comply with Section 91 of the Town and Country Planning Act 1990.

 

  1. The development hereby permitted shall be carried out solely in accordance with the following plans:

D.01 - Site Plan

D.02 - Proposed Floor Plans

D.03 - Proposed Elevations

Site Location Plan

Desk Top Study (Additional Information 11/04/2018)

Additional Movements Statement (Additional Information 08/02/2018)

Noise Management Plan (Additional Information 16/04/2018)

Ecological Assesment

Material information (Additional information received 09/05/2018)

 

Reason: In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non-material alterations to the scheme are properly considered.

 

  1. The use shall not be commenced until the access, parking and turning requirements have been constructed in accordance with the approved plan. Any such access, parking and turning provision shall be retained and be capable of use when the development is completed and shall not be removed or altered without the prior consent of the Local Planning Authority

 

Reason: In the interests of highway safety.

 

  1. No development shall take place until details of the surface water drainage works, including any attenuation measures have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented prior to the occupation of the premises hereby approved and thereafter retained.

 

Reason: To ensure a satisfactory means of surface water drainage and minimise the risk of flooding from the development in comparison to an assessment of its existing undeveloped state, in compliance with policies S29 and S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. No development approved by this permission shall commence until a revised desktop study (preliminary risk assessment) has been submitted to and approved by the Local Planning Authority, which provides full details of the proposed site investigation works that have been informed by full development plans including landscaping and construction methods. Should the preliminary risk assessment identify any potential contamination which may affect human health, controlled waters or the wider environment, all necessary site investigation works within the site boundary must be carried out to establish the degree and nature of the contamination and its potential to pollute the environment or cause harm to human health. The scope of works for the site investigations should be agreed with the Local Planning Authority prior to their commencement.

 

Reason: To ensure that the proposed development does not pose a risk of pollution to controlled waters and to accord with policy S36 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. Where land affected by contamination is found which poses unacceptable risks to human health, controlled waters or the wider environment, no development shall take place until a detailed remediation scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme must include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives and remediation criteria, and a description and programme of the works to be undertaken including the verification plan.

 

Reason: To ensure that the proposed development does not pose a risk of pollution to controlled waters and to accord with policy S36 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. Should a remediation scheme be required, the approved strategy shall be implemented and a verification report submitted to and approved in writing by the Local Planning Authority, prior to the development (or relevant phase of development) being brought into use.

 

Reason: To ensure that the proposed development does not pose a risk of pollution to controlled waters and to accord with policy S36 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported immediately to the Local Planning Authority. Development on the part of the site affected must be halted and a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These shall be implemented prior to the development (or relevant phase of development) being brought into use. All work shall be undertaken in accordance with current UK guidance, particularly CLR11.

 

Reason: To ensure that the proposed development does not pose a risk of pollution to controlled waters and to accord with policy S36 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. The use hereby permitted shall be restricted to the hours of operation between 08:00 and 18:00 on Mondays to Fridays, and not at all on Saturdays, Sundays or Bank Holidays.

 

Reason: In the interests of preserving the amenity of neighbouring residents, in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. The development hereby approved shall be implemented solely in accordance with the details within the Noise Management Plan received 16/04/2018. The approved statement shall be adhered to throughout the duration of the development.

 

Reason: In the interests of safeguarding the amenity of the occupiers of neighbouring properties of the development hereby approved, in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

Report author: Kelly Hampson

Publication date: 29/06/2018

Date of decision: 26/06/2018

Decided at meeting: 26/06/2018 - Development Panel

Accompanying Documents: