Agenda item

17/00177/FULMAJ

 

Garstang Truck Bodies.  Erection of eight new B2 units (following demolition of existing units).  Former LCC Depot, Green Lane West, Garstang, Lancashire.

 

The application had already been before the Committee for consideration at the request of Councillor Lady Atkins and Members had already had the benefit of a site visit on 7 March 2018. At that meeting the application was deferred without debate to enable re-consideration of the proposal by Wyre Council’s Environmental Health officers.

 

The application was approved as per the recommendation in the report of the Head of Planning Services as updated; that planning permission be granted subject to the following conditions:

 

 

Conditions and Reasons: -

 

1.           The development must be begun before the expiration of three years beginning with the date of this permission.

             

Reason: This condition is required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.           The development shall be carried out, except where modified by the conditions to this permission, in accordance with the Planning Application received by the Local Planning Authority on 27th February 2017 including the following plans/documents:

             

·                         ML/JG/5622 (As proposed site plan) received by the Local Planning Authority on 29th March 2018,

·                         ML/JG/5621 (Elevations as proposed) received by the Local Planning Authority on 29th March 2018,

·                         Site Location Plan received by the Local Planning Authority on 24th February 2017.

 

The development shall be retained hereafter in accordance with this detail.

             

Reason: For the avoidance of doubt and so that the Local Planning Authority shall be satisfied as to the details.

 

3.           The development shall be carried out using those materials specified on the approved plans and application form received by the Local Planning Authority on

 

Reason: To safeguard the visual amenities of the locality and in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999).

 

4.           Prior to use of any B2 unit hereby permitted for the purposes of food storage or food processing, an odour management plan (OMP) shall be submitted and agreed in writing by the LPA, and shall be implemented thereafter. The OMP shall include odour control measures for the delivery, storage and processing of food, and the disposal of food waste and associated material. The OMP shall be designed and implemented such that odour from food or food waste is not detectable outside the development boundary.

             

Reason: In order to minimise odour emanating from the operation and maintenance of the units, in the interests of protecting the amenity of nearby residents, in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan 1999 and the NPPF.

 

5.           The rating levels for cumulative noise from the development shall not exceed the existing background level (LA90) at the nearest noise sensitive premises, as assessed in accordance with British Standard 4142: 2014 Methods for rating and assessing industrial and commercial sound. Alternative levels and monitoring locations may be used subject to the prior written agreement of the Local Planning Authority.

             

Reason: To avoid demonstrable harm to the amenities of the surrounding area in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan 1999.

 

6.           The Maximum Instantaneous Noise Levels (LAFmax) from the development shall not exceed 60 dB (A) evening (19:00 - 23:00) and night-time (23:00 - 07:00) at the façade of the nearest noise sensitive premises. Alternative levels and monitoring locations may be used subject to the prior written agreement of the Local Planning Authority. The evening standard LAFmax will only apply where evening LAFmax significantly exceeds the LAeq and the maximum levels reached are regular in occurrence (several times per hour).

             

Reason: To avoid demonstrable harm to the amenities of the surrounding area in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan 1999.

 

7.           The operation of the development shall be restricted to the hours of 07.00 to 18.00, Monday to Friday, 07.00 to 13.00 on Saturdays. The development shall not operate at any time on Sundays, Bank Holidays and Public Holidays.

             

Reason: In the interests of the amenity of occupiers of neighbouring and nearby residential properties in accordance with Policy SP14 of the adopted Wyre Borough Local Plan (July 1999).

 

8.           There shall be no deliveries or collections of goods (including waste) to or from the development outside the hours of 07.00 to 18.00, Monday to Friday, 07.00 to 13.00 on Saturdays, and there shall be no deliveries at any time on Sundays, Bank Holidays and Public Holidays. This shall include that no delivery or collection vehicle shall enter the development site outside of these hours.

             

Reason: In the interests of the amenity of occupiers of neighbouring and nearby residential properties in accordance with the provisions of Policy SP14 of the adopted Wyre Borough Local Plan (July 1999).

 

9.           No development shall commence (including any demolition works), until a site specific Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. The plan must demonstrate the adoption and use of best practicable means to reduce the effects of noise, vibration, dust and site lighting. The plan shall include, but not be limited to:

             

·        Procedures for maintaining good public relations, including complaint management, public consultation and liaison

·        Arrangements for liaison with the Council's Environmental Protection Team

·        The intended hours of work. It should be noted that the standard permitted hours of operation expected in relation to all works and ancillary operations (including deliveries to and removal of plant, equipment, machinery and waste), which are audible at the site boundary, or at such other place as may be agreed with the Local Planning Authority, are :

·        Between 08.00 hours and 18:00 hours, Monday to Friday

·        Between 08.00 hours and 13:00 hours on Saturdays

·        At no time on Sundays and Bank and Public Holidays

·        Measures for controlling and monitoring:

·        Noise and vibration

·        Dust and air borne pollutants having regard to the location of nearby sensitive receptors and industry best practice

·        Measures for controlling the use of site lighting whether required for safe working or security purposes

·        Procedures for emergency deviation of any agreed element within the Plan

·        The approved plan shall be strictly adhered to throughout the demolition/construction period, unless otherwise permitted by the Local Planning Authority in writing.

           

Reason: This information is required prior to commencement to ensure that the preparation and construction phases through to the completion of the development do not adversely affect the amenity of the area or local residents in accordance with the National Planning Policy Framework.

 

10.         Prior to commencement of the development, an Artificial Lighting Assessment shall be submitted to and approved in writing by the Local Planning Authority. The assessment shall demonstrate that the lighting will be installed in accordance with the standards for 'Environmental Zone E3' as described within the Institute of Lighting Professionals' Guidance for the Reduction of Obtrusive Light, GN01:2011' in that the light intrusion into the windows of any nearby sensitive premises from the development shall not exceed 10 Lux before 23.00, and 2 lux after 23.00. All artificial lighting to the development, (including fixed flood lighting to buildings and vehicle parking areas), shall be designed such that it is not intrusive to nearby sensitive premises.

             

Reason: This information is required prior to commencement for the avoidance of doubt and to ensure that any external lighting installations do not cause harm to neighbouring residential amenity in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan 1999.

 

11.         There shall be no external storage to the units hereby approved.

             

Reason: In order to prevent the potential for harm to the visual amenity of the area in accordance with Policy SP14 of the adopted Wyre Borough Local Plan (July 1999).

 

12.         Foul and surface water shall be drained on separate systems.

             

Reason: To secure proper drainage and to manage the risk of flooding and pollution in accordance with the policy principles of the NPPF.

 

13.         Prior to the commencement of development, details of the foul and surface water drainage schemes (inclusive of how the schemes shall be maintained and managed after completion) shall be submitted to and approved in writing by the local planning authority.

             

The foul and surface water drainage schemes shall provide details of measures required to mitigate any risks to groundwater and public water supply from the development.

             

The development shall be completed, maintained and managed in accordance with the approved details.

             

Reason: This information is required prior to commencement to promote sustainable development, secure proper foul and surface water drainage and to manage the risk of flooding and pollution, in particular to groundwater and public water supply. The site lies within a Groundwater Source Protection Zone 2 for a nearby public water supply abstraction, and as such the site is considered to be particularly sensitive to the input of pollutants at the surface. This condition is imposed in accordance with Policies ENV16 and ENV17 of the Adopted Wyre Borough Plan 1999, the NPPF and NPPG.

 

14.         No development shall commence until final details of the design, based on sustainable drainage principles, and implementation of an appropriate surface water sustainable drainage scheme have been submitted to and approved in writing by the local planning authority. Those details shall include, as a minimum:

 

a)           Information about the lifetime of the development design storm period and intensity (1 in 30 & 1 in 100 year + allowance for climate change - see EA advice https://www.gov.uk/guidance/flood-risk-assessments-climate-change-allowances), discharge rates and volumes (both pre and post development), temporary storage facilities, means of access for maintenance and easements where applicable, the methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters, including watercourses, and details of flood levels in AOD;

 

b)           The drainage scheme should demonstrate that surface water run-off must not exceed the existing pre-development runoff rate for the corresponding rainfall event and must not exceed 15.5 litres per second. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

c)           Any works required on or off-site to ensure the adequate discharge of surface water without causing flooding or pollution (which should include the refurbishment or removal of any existing watercourses, culverts, headwalls or unused culverts where relevant);

             

d)           Flood water exceedance routes, both on and off site;

 

e)           A timetable for implementation, including phasing where applicable;

             

f)            Site investigation and test results to confirm infiltrations rates;

             

g)           Details of water quality controls, where applicable.

             

The scheme shall be implemented in accordance with the approved details prior to first occupation of any of the approved dwellings, or completion of the development, whichever is the sooner. Thereafter the drainage system shall be retained, managed and maintained in accordance with the approved details.

             

Reason: To ensure that surface water can be adequately drained, to ensure that there is no flood risk on or off the site resulting from the proposed development and to ensure that water quality is not detrimentally impacted by the development proposal, in accordance with Policies ENV16 and ENV17 of the Adopted Wyre Borough Plan 1999, and the policy provisions of the NPPF.

 

15.         No development shall commence until details of an appropriate management and maintenance plan for the sustainable drainage system for the lifetime of the development have been submitted which, as a minimum, shall include:

             

a)           the arrangements for adoption by an appropriate public body or statutory undertaker, management and maintenance by a Residents' Management Company

 

b)           arrangements concerning appropriate funding mechanisms for its on-going maintenance of all elements of the sustainable drainage system (including mechanical components) and will include elements such as:

             

i.            on-going inspections relating to performance and asset condition assessments

 

ii.           operation costs for regular maintenance, remedial works and irregular maintenance caused by less sustainable limited life assets or any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime;

             

c)           Means of access for maintenance and easements where applicable.

             

The plan shall be implemented in accordance with the approved details prior to first occupation of any of the approved buildings, or completion of the development, whichever is the sooner. Thereafter the sustainable drainage system shall be managed and maintained in accordance with the approved details.

             

Reason: To ensure that appropriate and sufficient funding and maintenance mechanisms are put in place for the lifetime of the development, to reduce the flood risk to the development as a result of inadequate maintenance, and to identify the responsible organisation/body/company/undertaker for the sustainable drainage system, in accordance with Policies ENV16 and ENV17 of the Adopted Wyre Borough Plan 1999, and the policy provisions of the NPPF.

 

16.         Prior to the commencement of development a desk study to investigate and produce an assessment of the risk of the potential for on-site contamination shall be undertaken and submitted to and approved in writing by the Local Planning Authority. If the desk study identifies potential contamination, a detailed site investigation shall be carried out in accordance with a written methodology, which shall first have been submitted to and approved in writing by the Local Planning Authority.  If remediation measures are then considered necessary, a scheme for decontamination of the site shall be submitted to, and approved by, the Local Planning Authority in writing and the approved scheme implemented prior to the development of the site.  Any changes to the approved scheme must be approved in writing by the Local Planning Authority prior to any works being undertaken.

             

Reason: The potential for contamination must be addressed in order to safeguard the development in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999).

 

17.         No part of the development hereby approved shall be occupied or opened for trading until the pedestrian access tying into the existing footway on Green Lane West (and requiring the removal of existing fencing as shown on plan ML/JG/5622) has been constructed and is available for use.  

             

Reason: To separate pedestrian and vehicle movements at the site access in the interests of highway safety.

 

18.         The car park shall be surfaced or paved in accordance with a scheme to be approved by the Local Planning Authority and the car parking spaces and manoeuvring areas marked out in accordance with the approved plan ML/JG/5622, before the use of the premises hereby permitted becomes operative. 

             

Reason:  To allow for the effective use of the parking areas and proved a safe pedestrian route through the car park.

 

19. Prior to the first occupation of each unit within the development hereby permitted, full details of the provision for and location of bin storage and details of waste collection for that unit, shall be submitted to and agreed in writing by the Local Planning Authority. Thereafter the development shall take place in accordance with the approved details.

 

Reason: For the avoidance of doubt, to ensure that bin storage would not interfere with any public footway or cause harm to pedestrian safety, and to ensure that the units would be provided with sufficient provision for waste storage and collection, and that the proposal would fulfil the requirements of the National Planning Policy for Waste.

 

20. Prior to first use / first occupation of the development hereby approved, the noise mitigation measures set out in the supporting Noise Assessment by Martin Environmental Solutions Report No: 1446-3, and dated April 2018, and received by the Local Planning Authority on 16th April 2018, shall be implemented. The approved noise mitigation measures shall thereafter be retained and maintained.

 

Reason: To ensure there is no adverse effect on the health and quality of life of future occupants and to avoid an unacceptable impact on residential amenity by virtue of noise in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999) and the National Planning Policy Framework.

 

21. Notwithstanding the provisions of the Town & Country Planning Use Classes Order 1987 (as amended) (or any other order revoking or re-enacting or amending that Order with or without modification), or the provisions of the Town and Country Planning General Permitted Development  (England) Order 2015 (or any order revoking or re-enacting or amending that Order with or without modification), the larger building hereby approved for B2: General Industrial use (as shown on the approved site plan) shall be used for truck body workshop purposes only and for no other purpose, including for any other purpose in Class B2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), without the prior express planning consent of the local planning authority.

 

Reason: To ensure that inappropriate uses do not occur within the locality and having regard to neighbour amenity in accordance with saved Policy SP14 of the Adopted Wyre Borough Local Plan.

 

Notes: -

 

1.           The grant of planning permission will require the applicant to enter into an appropriate Legal Agreement, with the County Council as Highway Authority.  The Highway Authority hereby reserves the right to provide the highway works within the highway associated with this proposal.  Provision of the highway works includes design, procurement of the work by contract and supervision of the works.  The applicant should be advised to contact Lancashire County Council in the first instance to ascertain the details of such an agreement and the information to be provided.