Agenda item

1.         The Committee considered a report (Agenda Item 4(2)) concerning Planning Application 17/03285/FUL in respect of a section 73A application for variation of Condition 4: External lighting, of planning permission 00/00964/FUL – Construction of three two storey light industrial units in one block of three units at10-12 Old Station Business Park, Compton, Berkshire.

2.         In accordance with the Council’s Constitution, Mrs Alison Strong, Parish Council representative, Dr Stephen Knowles and Mrs Rashmi Knowles, objectors, and Mr Matt Fenton, applicant, addressed the Committee on this application.

3.         Derek Carnegie introduced the report to the Members, which took account of all the relevant policy considerations and other material considerations. In conclusion the report detailed that the proposal was acceptable and a conditional approval was justifiable.

4.         Mrs Strong in addressing the Committee raised the following points:

·         Compton Parish Council welcomed the opportunity to review the application as there were additional requirements to protect residents from light pollution and encroachment.

·         There had been a number of retrospective applications over the 18 year site history.

·         The development would be detrimental to the village street scene.

·         The access road had no road markings and a blind corner so the increased traffic would put school children walking to school at risk of harm.

·         The Parish Council requested:

o   A condition regarding the tilt and hours of operation for the external lighting.

o   Active involvement from Building Control

o   The prior screening condition to be enforced

5.         Councillor Anthony Pick asked for more information regarding the risk of light pollution. Mrs Strong explained that there was light pollution form the existing units that had been built out on the site.

6.         Dr and Mrs Knowles, in addressing the Committee, raised the following points:

·         The site was positioned at a high elevation over the village and any external lighting would be highly visible from the High Street and Compton’s conservation area.

·         They would like no lighting to be installed on the unit’s western side as this would have the most significant impact on wildlife.

·         The lighting on the existing units was on outside of the hours of operation in the application before the Committee.

·         The landscaping and screening required by a previous condition had not been planted.

·         The access was a single lane on a blind bend and there was no footpath.

·         The development would lead to an increase in traffic volume. Traffic calming measures should be conditioned.

7.         Councillor Beck asked what the difference in the number of parking spaces was between the original and amended application. Dr Knowles advised that 38 were originally proposed and it was now 48 spaces. Derek Carnegie advised that the application regarding parking spaces had been withdrawn.

8.         Councillor Paul Bryant asked whether both bollard and passive infrared (PIR) would be unacceptable to the objectors. Dr Knowles advised that bollard lighting would be acceptable as it would be at a low level and not visible from the village. They objected to a fixed light on the side of the unit.

9.         Mr Fenton in addressing the Committee raised the following points:

·         The application was to vary the wording of condition four of the original permission in order to allow details of the lighting scheme to be submitted after commencement of the development instead of before. The development had been commenced by laying foundations in 2004.

·         The application was not to approve a particular lighting scheme.

·         The lighting scheme would be submitted to the Council before the units were brought into use.

·         There did not seem to be any objections to the application to vary the wording of condition four, although other concerns had been expressed.

10.      Councillor Pick suggested that the lighting scheme included motion sensor lighting. He asked whether the landscaping condition would be fulfilled. Mr Fenton replied that he would comply with the condition.

11.      Derek Carnegie clarified that technically the development had commenced without details of the lighting scheme. Mr Fenton advised he would take into account the views of residents when designing the lighting scheme.

12.      Councillor Adrian Edwards asked what the external lighting was required for. Mr Fenton advised that it was for security purposes.

13.      Councillor Garth Simpson asked how the historic complaints of residents could be addressed. Derek Carnegie advised that the original application was approved some 18 years previously so it too late to take enforcement action.

14.      Councillor Bairstow expressed the view that there was no need for lights on the western side of the unit because the entrance was to the south. Mr Fenton agreed and would take this into account when designing the lighting scheme.

15.      Councillor Bryant stated that he was surprise d that the committee were able to add another recommendation regarding landscaping. Derek Carnegie advised he had confidence in the case officer that the condition was appropriate and enforceable.

16.      Councillor Hilary Cole proposed that the Committee accept the officer’s recommendation to grant planning permission. The proposal was seconded by Councillor Pick.

17.      Councillor Pick expressed concern regarding the site history. Councillor Bryant stated that he hoped the applicant would take the residents comments on board.

18.      At the vote the motion was carried unanimously.

RESOLVED that the Head of Development and Planning be authorised to grant planning permission subject to the following conditions:

Conditions:

Approved plans

The development shall be carried out in accordance with drawings 1391/50, 1391/52, 1391/53 rev B, 1391/54 rev B, 1391/56, 1391/57, 1391/58 received on 21 November 2017.

Reason:  To ensure that the development is carried out in accordance with the submitted details assessed against the National Planning Policy Framework 2012, Policies ADPP1, ADPP5, CS 9, CS 13, CS 14, CS 18 and CS 19 of the West Berkshire Core Strategy 2006-2026, policies OVS.5, OVS.6 and TRANS.1 of the West Berkshire District Local Plan Saved Policies 2007.

Materials

The materials to be used in the construction of the external surfaces of the building shall match the existing units within the Old Station Business Park.

Reason: To ensure that the external materials are visually attractive and respond to local character in accordance with the National Planning Policy Framework 2012, policies ADPP1, ADPP5, CS14 and CS19 of the West Berkshire Core Strategy 2006-2026, and the Quality Design Supplementary Planning Document 2006.

Landscaping

All landscape works shall be completed in accordance with the submitted plans, and supporting information.  The approved landscape works shall be implemented within the first planting season following the first use of the development or in accordance with a programme submitted prior to the first use of the development and approved in writing by the Local Planning Authority. 

Any trees, shrubs, plants or hedges planted in accordance with the approved scheme which are removed, die, or become diseased or become seriously damaged within five years of completion of the approved landscaping scheme shall be replaced within the next planting season by trees, shrubs or hedges of a similar size and species to that originally approved.

Reason: To ensure the implementation of a satisfactory scheme of landscaping in accordance with the National Planning Policy Framework 2012, Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026, and Supplementary Planning Document Quality Design 2006.

External Lighting

The use shall not commence until details of the external lighting to be used in the areas around and on the building, including details of their relationship to/impact on nearby residents have been submitted to and approved in writing by the Local Planning Authority. The external lighting shall be installed in accordance with the approved scheme before the use is commenced. No external lighting shall be installed except for that expressly authorised by the approval of details as part of this condition. 

Reason: To protect the amenities of nearby land users and the character of the area. Inappropriate external lighting would harm the special rural character of the locality. This condition is imposed in accordance with the National Planning Policy Framework 2012, Policies ADPP5, CS14 and CS19 of the West Berkshire Core Strategy 2006-2026, and OVS.5 of the West Berkshire District Local Plan Saved Policies 2007.

Hours of Work

No construction works shall take place outside the following hours:

7:30am to 6:00pm Mondays to Fridays;

8:30am to 1:00pm Saturdays;

nor at any time on Sundays or Bank Holidays.

Reason:   To safeguard the amenities of adjoining land uses and occupiers.  This condition is imposed in accordance with the National Planning Policy Framework 2012, Policy CS14 of the West Berkshire Core Strategy 2006-2026 and Policy OVS.6 of the West Berkshire District Local Plan Saved Policies 2007.

Land Contamination

Should any unforeseen contamination be encountered during the development, the developer shall inform the Local Planning Authority immediately. Any subsequent investigation/remedial/protective works deemed necessary by the Local Planning Authority shall be carried out to agreed timescales and approved by the Local Planning Authority in writing. If no contamination is encountered during the development, a letter confirming this fact shall be submitted to the Local Planning Authority upon completion of the development.

Reason: To protect the amenities of future occupiers of the site in accordance with policy CS14 of the West Berkshire Core Strategy 2006-2026, policy OVS.5 of the West Berkshire District Local Plan Saved Policies 2007, and the National Planning Policy Framework 2012.

Parking

The use shall not commence until the vehicle parking and turning space have been surfaced, marked out and provided in accordance with the approved plans.  The parking and turning space shall thereafter be kept available for parking (of private motor cars and/or light goods vehicles) at all times.

Reason: To ensure the development is provided with adequate parking facilities, in order to reduce the likelihood of roadside parking that would adversely affect road safety and the flow of traffic.  This condition is imposed in accordance with the National Planning Policy Framework 2012, Policies CS13 and CS14 of the West Berkshire Core Strategy 2006-2026 and Policy TRANS.1 of the West Berkshire District Local Plan Saved Policies 2007.

Plant Machinery

No plant shall be installed on site until details have been submitted to and approved in writing by the Local Planning Authority. The plant and measures to minimise the effect of noise shall be installed prior to the operation of the plant in accordance with the approved details. Details of the plant shall include:

(a) written details concerning any proposed air handling plant associated with the development including

(i) the proposed number and location of such plant as well as the manufacturer’s information and specifications

(ii) the acoustic specification of the plant including general sound levels and frequency analysis under conditions likely to be experienced in practice.

(iii) the intended operating times.

(b) The findings of a noise survey to determine noise levels in the vicinity of the proposed development and calculations showing the likely impact of noise from the development;

(c) a scheme of works or such other steps as may be necessary to minimize the effects of noise from the development;

Reason: To protect the amenity of residents and nearby land users in accordance with the National Planning Policy Framework 2012, Policies CS14 and CS19 of the West Berkshire Core Strategy 2006-2026, and Policies OVS.5 and OVS.6 of the West Berkshire District Local Plan Saved Policies 2007.

Hours of Operation

The use of the premises shall not operate outside the following hours:

07:00 to 21:00 Mondays to Fridays, 08:00 to 18:00 on Saturdays and not at any time on Sundays and Bank or Statutory Holidays.

Reason: To protect the amenity of residents and nearby land users in accordance with the National Planning Policy Framework 2012, Policies CS14 and CS19 of the West Berkshire Core Strategy 2006-2026, and Policy OVS.6 of the West Berkshire District Local Plan Saved Policies 2007.

Informatives:

Public Rights of Way