Agenda item

Erection of 21no. commercial units (use class E) with associated access & parking facilities (with variation of condition 3 of planning permission P/FUL/2021/00684 to allow for the use of Units 17 & 18 to include Class E (d) (fitness)

Due to Cllr Penfold’s declaration of interest. Cllr Val Pothecry acted as Vice Chair for the planning application. Being proposed by Cllr Sherry Jespersen and Cllr Les Fry seconded.

 

The Case Officer presented to members the erection of 21no.commercial units, allowing for the use of Units 17 and 18 to include fitness. Members were provided with details of the proposed site location as well as aerial photographs of the site. The Case Officer informed members of the planning issues based on employability. He discussed that some employment would be available but only temporary. Members were informed of the lack of evidence of an economic enhancement to the area. The recommendation was to refuse the application.

 

Public participation

Mr Mark Sergison spoke in favour of the application. He discussed the physical and mental health benefits of the application and what the facilities would have been used for. Members were informed of the inclusion of a Youth training scheme to support the local area. Mr Sergison discussed letters that he had received from local schools in support of this application and the ongoing benefits that it would provide. He hoped members would approve the application.

 

Mr Ben Boughton-White spoke in favour of the application. Members were informed of his intentions to grow the business to create a better environment.  Mr Boughton-White also discussed the economic benefits of the business as well as mental and physical health benefits to both adults and children. He hoped members would approve the application.

 

Members Questions and Comments

·       Industrial usage in future

·       Provision for gym

·       Good service and asset to the community.

·       Economic and social benefit to the area

 

It was proposed by Cllr Les Fry and Seconded by Cllr Stella Jones that the application be approved.

 

The committee adjourned in order for the Officers to put together some suitable wording for approval of the application. On returning the suggested reasons for approval were read to the committee members.

 

The suggested reasons for approval were: “The committee notes conflicts with identified development plan policies, however, consider that in this instance these are material planning considerations that would outweigh the policy conflicts. These material considerations are the limited economic benefit through job creation and health benefits and well-being benefits through the provision of the gym”.

 

Having had the opportunity to discuss the merits of the application and an understanding of all this entailed; having considered the officer’s report and presentation; the written representatives; and what they had heard at the meeting, in being proposed by Cllr Les Fry and seconded by Cllr Stella Jones.

 

Decision: To approve planning application subject to conditions:

 

    The development hereby permitted shall be carried out in accordance with the following approved plans:

    5105.01T

    5105.07H,

    5105.08B,

    5105.14A,

    5105.15,

    5105.16,

    5105.17B,

    20550-GAP-XX-ZZ-DR-C-0900 P04,

    20550 SW Model Units 14 - 24 and swale Rev A,

    20550-GAP-XX-ZZ-DR-C-9300 Swale

   

    Reason: For the avoidance of doubt and in the interests of proper planning.

 

2. The development to which this permission relates must be begun not later than the expiration of three years beginning with 17 February 2022. 

   

    Reason: This condition is required to be imposed by Section 91 of the Town and Country Planning Act 1990 (as amended).

 

3. Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 2015 and the Town & Country Planning Use Classes Order 1987, as amended (or any order revoking and re-enacting those Orders with or without modification) the premises the subject of this permission shall not be used other than for purposes falling within Classes:

   

    E(c) Provision of:

    E(c)(i) Financial services,

    E(c)(ii) Professional services (other than health or medical services), or

    E(c)(iii) Other appropriate services in a commercial, business or service locality

   

    E(g) Uses which can be carried out in a residential area without detriment to its amenity:

    E(g)(i) Offices to carry out any operational or administrative functions,

    E(g)(ii) Research and development of products or processes

    E(g)(iii) Industrial processes

   

    B2

   

    B8;

   

    E(d) Indoor sport, recreation or fitness (not involving motorised vehicles or firearms) Units 17 & 18 only.

   

    of the Use Classes Order without the prior grant of planning permission from the Local Planning Authority.

   

   

    Reason: To ensure that the use remains compatible with surrounding land uses in the area and in accordance with the allocation in the Local Plan and Poundbury Development Brief.

   

 

4. The premises shall not be used for the purposes hereby permitted outside the hours of 07.00 – 21.00hrs Monday – Saturday, and 08.00 -18.00 on Sundays and Bank holidays and Deliveries to be restricted to 08:00 – 18.00hs Monday to Saturday. 

   

    Reason: To safeguard the living conditions of any surrounding residential properties.

 

5. Prior to the installation of any extraction and ventilation equipment, details of suitable extraction and ventilation equipment to be installed shall be submitted to and approved in writing by the Local Planning Authority. Details of such equipment shall include the location and methods of enclosure, sound insulation and mountings so as to minimise air and structure borne sound, evidenced as appropriate with a noise survey. The extraction and ventilation equipment shall  thereafter be operated and maintained in accordance with the approved details.

   

   

    Reason: To protect the amenity of occupiers of nearby residential property.

 

6. No development above Damp Proof Course level shall be commenced until details of all external facing materials for the wall(s) and roof(s) shall have been submitted to, and approved in writing by, the Local Planning Authority. Thereafter, unless otherwise agreed in writing by the Local Planning Authority the development shall proceed in strict accordance with such materials as have been agreed.

   

   

   

    Reason: To ensure a satisfactory visual appearance of the development.

 

7. Before the development hereby approved is first occupied the first 10m of the vehicular access, measured from the nearside edge of the carriageway, including the visibility splays, shall have been laid out, constructed, and surfaced, to a specification which shall have been submitted to, and agreed in writing by, the Local Planning Authority.

   

    Reason:  In the interest of highway safety.

 

8. Prior to first occupation of the development hereby permitted the access, geometric highway layout, turning and parking areas shown on the submitted plans shall be constructed; thereafter these areas shall be maintained, kept free from obstruction and available for the purposes specified.

   

    Reason: In the interests of highway safety.

 

9. The development hereby permitted must not be occupied or utilised until a scheme showing precise details of the proposed cycle parking facilities is submitted to the Planning Authority.  Any such scheme requires approval to be obtained in writing from the Planning Authority.  The approved scheme must be constructed before the development is occupied and, thereafter, must be maintained, kept free from obstruction and available for the purpose specified.

   

    Reason: To ensure the proper construction of the parking facilities and to encourage the use of sustainable transport modes.

   

 

10.  No development shall be occupied until a hard and soft landscape scheme has been submitted to and approved in writing by the Local Planning Authority showing details of all trees and other planting to be retained; a planting specification to include numbers, size, species and positions of all new trees and shrubs, details of existing and proposed levels, walls, fences and other boundary treatment and surface treatment of the open parts of the site together with any lighting and street furniture and a programme of implementation.  All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the use of the site or in accordance with a programme agreed in writing with the Local Planning Authority.

   

    Reason: To ensure that adequate mitigation for the landscape and visual impact of the proposals, the provision of an appropriate hard and soft landscape scheme, and the coordination of that scheme with lighting and services provision has been agreed prior to the occupation of the development.

 

11.  Any trees or other plants indicated in the approved scheme which, within a period of five years from the date of the development being completed, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Local Planning Authority. Hard landscape features will be maintained in perpetuity.

   

    Reason: To ensure that the agreed hard and soft landscaping scheme is established and maintained.

 

12.  The Biodiversity Mitigation Plan (BMP) approved 21 May 2021 shall be implemented in full in accordance with the specified timetable(s) in the BMP.

   

    Reason: To minimise impacts on biodiversity.

 

13.  No development shall take place until a detailed surface water management scheme for the development site, based upon the hydrological and hydrogeological context of the development, and including clarification of how surface water is to be managed during construction, has been submitted to, and approved in writing by the local planning authority. The surface water scheme shall be fully implemented in accordance with the submitted details before the development is completed.

   

    Reason: To prevent the increased risk of flooding, to improve and protect water quality, and to improve habitat and amenity.

 

14.  No development shall take place until details of maintenance & management of both the surface water sustainable drainage scheme and any receiving system have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details. These should include a plan for the lifetime of the development, the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime.

       

    Reason: To ensure future maintenance of the surface water drainage system, and to prevent the increased risk of flooding.

 

15.  Prior to the commencement of the development hereby permitted, a detailed surface water drainage design and maintenance strategy for the run off from the site shall be submitted to and approved in writing by the Local Planning Authority (in consultation with National Highways).  The design shall be in accordance with the preliminary Drainage Layout  20550-GAP-XX-ZZ-DR-C-0900 Rev P04 and shall include arrangements for the management of surface water during the construction phase. Surface water drainage shall be implemented in accordance with the agreed detailed design and maintained as such thereafter.

       

    Reason: In the interest of the safe an efficient operation of the A35 trunk road and to protect the integrity of the trunk road drainage assets.

 

Informatives:

1. Informative: The applicant is advised that the granting of planning permission does not override the need for existing rights of way affected by the development to be kept open and unobstructed until the statutory procedures authorising closure or diversion have been completed. Developments, in so far as it affects a right of way should not be started until the necessary order for the diversion has come into effect.

 

2. Informative: The vehicle crossing serving this proposal (that is, the area of highway land between the nearside carriageway edge and the site’s road boundary) must be constructed to the specification of the Highway Authority in order to comply with Section 184 of the Highways Act 1980. The applicant should contact Dorset Highways by telephone at 01305 221020, by email at dorsethighways@dorsetcouncil.gov.uk, or in

    writing at Dorset Highways, Dorset Council, County Hall, Dorchester, DT1 1XJ, before the commencement of any works on or adjacent to the public highway.

 

3. Informative: As the new road layout does not meet with the Highway Authority’s road adoption standards or is not offered for public adoption under Section 38 of the Highways Act 1980, it will remain private and its maintenance will remain the responsibility of the developer, residents or housing company.

 

4. Informative: The applicant should be advised that the Advance Payments Code under Sections 219-225 of the Highways Act 1980 may apply in this instance. The Code secures payment towards the future making-up of a private street prior to the commencement of any building works associated with residential, commercial and industrial development. The intention of the Code is to reduce the liability of potential road charges on any future purchasers which may arise if the private street is not made-up to a suitable standard and adopted as publicly maintained highway. Further information is available from Dorset Council’s Development team. They can be reached by telephone at 01305 225401, by email at dli@dorsetcc.gov.uk, or in writing at Development team, Infrastructure Service, Dorset Council, County Hall, Dorchester, DT1

    1XJ.

 

5. Informative: The development would need to be designed and built to meet current Building Regulations requirements related to the following areas:

    • Recommendations identified under B5 of Approved Document B relating to The Building Regulations 2010

    • Recommendations to improve safety and reduce property loss in the event of fire

 

6. Informative: Boundary treatment

    Should any boundary treatment subsequently be considered, for reasons of safety, liability and maintenance it must be erected wholly within the development site, and sufficiently within it to ensure it can be erected and maintained from within the development site without encroachment into the highway boundary.

    Annex A, paragraph A1, of DfT Circular 02/2013 refers. Likewise for any planting that may subsequently be considered, and we would additionally advise that the following species must not be planted within 10m of the strategic highways estate:

    - Blackthorn (Prunus spinosa)

    - Goat willow (Salix caprea)

    - Crack willow (Salix fragilis)

    - Dogwood (Cornus sanguinea)

    - Italian alder (Alnus cordata)

    - Bird cherry (Prunus avium)

    - Quaking Aspen (Poplus tremulans)

    - Wild Privet (Ligustrum vulgare)

   

    and in addition, the following trees must not be planted in a position where at maturity they would be within falling distance of the trunk road carriageway or any significant National Highways asset:

    - Silver Birch (Betula pendula)

    - Austrian Pine (Pinus nigra)

    - Poplar (Poplus alba, Poplus hybrid, Poplus lombardii)

    - English Oak (Quercus robur).

   

 

7. Informative: National Planning Policy Framework Statement

    In accordance with paragraph 38 of the NPPF the council, as local planning authority, takes a positive approach to development proposals and is focused on providing sustainable development.

    The council works with applicants/agents in a positive and proactive manner by: 

    - offering a pre-application advice service, and           

    - as appropriate updating applications/agents of any issues that may arise in the processing of their application and where possible suggesting solutions.

     

    In this case:        

    - The applicant/agent was updated of any issues and provided with the opportunity to address issues identified by the case officer.