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Agenda item

Application No. & Parish: 20/02849/FUL - Land Adjacent to Thatchers, Chapel Row, Reading

Meeting of Eastern Area Planning Committee, Wednesday, 21st April, 2021 6.30 pm (Item 42.(2))

Proposal:	Proposed replacement storage shed for use to store tools and equipment to maintaining land.
Location:	Land Adjacent to Thatchers, Chapel Row, Reading, RG7 6PB
Applicant:	Dino Defazio
Recommendation:	To delegate to the Head of Development and Planning to GRANT PLANNING PERMISSION subject to conditions.

Minutes:

The Committee considered a report (Agenda Item 4(2)) concerning Planning Application 20/02849/FUL in respect of the proposed replacement storage shed for use to store tools and equipment to maintaining land.

Mr Bob Dray introduced the report and highlighted the key points. There had been ten letters of objection to the application and Planning Officers were recommending approval.

Mr Dray referred to some of the concerns raised by objectors regarding the use of the proposal and clarified that there was no change of use proposed and the proposed shed would be used for ancillary storage only. If a change of use was to occur then this would be a matter for Planning Enforcement.

The update sheet provided an update to paragraph 6.13 (Character and Appearance) of the Planning Officer’s report as well as an updated recommendation, which was subject to the amendment of condition five regarding the demolition of existing outbuildings on the land.

Removal of Speaking Rights

As resolved at the Extraordinary Council meeting held on 29 April 2020, public speaking rights were removed for virtual Council meetings. This right was replaced with the ability to make written submissions. This decision was made in accordance with The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panels Meetings) (England and Wales) Regulations 2020.

The above changes to speaking rights were subsequently amended at the Council meeting on 10 September 2020. It was agreed that parties making written submissions in relation to a planning application would be invited to attend the Remote Meeting of the Planning Committee to answer any questions that Members of the Committee might wish to ask in order to seek clarification on any part of their statement.

There were no written submissions received for the application.

Councillor Graham Pask as Ward Member addressed the Committee on the application.

Ward Member Representation

Councillor Graham Pask in addressing the Committee raised the following points:

· The application was for a shed and therefore the question needed to be asked as to why there were ten letters of objection. Councillor Pask noted from the Planning Officer’s presentation that other uses of the land would be subject to enforcement and he stated that Enforcement Officers knew the site very well.

· Going back a number of years there had been a (now removed) chalet style building, where it was alleged the applicant’s mother lived. Councillor Pask stated that he had been told by the residents of a neighbouring property that there were coming and goings from the site at all times of day and night, including mini diggers at the north end of the site after 10pm at night. This was why there were concerns about the application.

· Councillor Pask stated that other law enforcement agencies had been required to have an interest in the site up until very recently. None of issues mentioned were however, planning matters.

· Councillor Pask reiterated that it was an application for a shed however, it was particularly large in size and there was uncertainty as to why such a large shed was required to store a ride on mower, push along mower, a scaffolding tower, a few hand tools and a bench. Because of the history of the site it was causing people to question if the use would really be as a shed. Councillor Pask however, acknowledged that the application had to be judged on its merits.

· Councillor Pask stated that a neighbour had asked him to highlight that the existing shed did not have planning permission. This point was well covered in the report and current proposal would be judged as a new application.

There were no Member questions for the Ward Member.

Member Questions to Officers

Councillor Keith Woodhams referred to the public representations on page 38 of the Planning Officer’s report where the disposal of waste was referred to and he queried what type of waste this was and whether it was linked to servicing lawn mowers and the disposing of oil. Councillor Woodhams queried if there was a request regarding the disposal of waste or a condition. Mr Dray confirmed that the application was purely for the storage building rather than any use of the land. Mr Dray did not believe that waste was a relevant planning consideration for the application and it would be the applicant’s responsibility to lawfully dispose of any waste.

Councillor Pask referred to Councillor Woodhams’ question and clarified that it was not waste generated from the site but it was the alleged bringing in of waste at various times such as electrical cabling. This was what had caused concern amongst local residents. Allegedly this was not related to the proposal for a shed.

Councillor Tony Linden referred to the picture at the bottom of page 55 of the agenda, which showed a scaffolding tower and he queried if this was for pruning and if it would fit into the proposed shed. My Dray confirmed that this was what Officers had been told as part of the justification by the applicant. Councillor Law expected that the tower could be compressed for storage.

Councillor Alan Macro asked if he was right in understanding that the proposed shed would not be visible from the public realm or surrounding properties. My Dray confirmed that it would be very difficult to see the proposal if approved due to the intervening land. There would only be a glimpsed view from the access. There might be potential glimpse views from the upper storey windows of surrounding properties however, this would be filtered by trees.

Councillor Jo Stewart referred to the public representations and one which stated that the shed would be used to obtain planning permission for a new residential dwelling and Councillor Stewart asked if this was possible and Mr Dray confirmed that it was not. Councillor Law stated that there had been cases where sheds had been converted to residential dwellings over the years and therefore there was some fear around this. There was no proposal for residential use as part of the application.

Debate:

Councillor Macro noted that the shed would be minimally visible. He understood the concerns of residents following the explanation from Councillor Pask however, a decision could not be taken based on suspicions. Councillor Macro proposed that the proposal be approved and this was seconded by Councillor Stewart. At the vote the motion was approved.

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

1.	Commencement of development The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).
2.	Approved plans The development hereby permitted shall be carried out in accordance with the approved plans and documents listed below: · Drawing 2020-170-001 (Location Plan) received on 11.12.2020; · Drawing 2020-170-002 (Proposed Site Plan) received on 11.12.2020; · Drawing 2020-170-002 (Proposed Plans and Elevations) received on 11.12.2020. Reason: For the avoidance of doubt and in the interest of proper planning.
3.	Materials as specified The materials to be used in the development hereby permitted shall be as specified on the plans and the application form. Where stated that materials shall match the existing, those materials shall match those on the existing development in colour, size and texture. Reason: To ensure that the external materials respect the character and appearance of the area. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), Supplementary Planning Document Quality Design (June 2006) and Bucklebury Village Design Statement.
4.	Construction hours of work No demolition or construction works shall take place outside the following hours, unless otherwise agreed in writing by the Local Planning Authority: 7:30am to 6:00pm Mondays to Fridays; 8:30am to 1:00pm Saturdays; No work shall be carried out at any time on Sundays or Bank Holidays. Reason: To safeguard the amenities of adjoining land uses and occupiers. This condition is applied in accordance with the National Planning Policy Framework, and Policy CS14 of the West Berkshire Core Strategy 2006-2026.
5.	Demolition of existing outbuildings on land The existing shed in the south-west corner of the land identified in red on Drawing 2020-170-001 received on 11.12.2020 shall be demolished and the land cleared of spoil and debris before the replacement storage shed hereby permitted is brought into use. Reason: The demolition of the existing shed forms part of the justification for the approval of this development. Without the demolition this would have a harmful impact on the NWD AONB character. This condition is imposed in accordance with policies ADPP5, CS14 and CS19 of the West Berkshire Core Strategy 2006-2026, Supplementary Planning Document Quality Design (2006).
6.	Prior approval for external lighting No external lighting shall be installed on the hereby approved storage shed until a lighting strategy has been submitted to and approved in writing by the Local Planning Authority. The strategy shall include a plan to show the location of any lighting, and specifications all lighting to ensure that levels are designed within the limitations of Environmental Lighting Zone 1, as described by the Institute of Lighting Engineers. No external lighting shall be installed hereby approved storage shed except in accordance with the above strategy. Reason: To conserve the dark night skies of the North Wessex Downs AONB. This condition is applied in accordance with the National Planning Policy Framework, the North Wessex Downs AONB Management Plan 2019-24, and Policies CS17 and CS19 of the West Berkshire Core Strategy 2006-2026.
7.	Restriction on use of building The storage building hereby permitted shall not be used for any other purposes than the storage of tools, equipment and machinery associated with the maintenance of the land identified in the red and blue lines on Drawing 2020-170-001 received on 11.12.2020. Reason: The use of the shed was considered to meet an identified need. Another use could be in conflict with the strategy for the location of new development, and be unacceptable in terms of ensuring a sustainable pattern of development. It is also considered necessary in the interests of amenity for the adjoining land users. This condition is applied in accordance with the National Planning Policy Framework, Policies ADPP1, ADPP5, CS14 and CS19 of the West Berkshire Core Strategy 2006-2026.

Informatives

1.	Proactive statement This decision has been made in a positive way to foster the delivery of sustainable development having regard to Development Plan policies and available guidance to secure high quality appropriate development. In this application whilst there has been a need to balance conflicting considerations, the local planning authority has secured and accepted what is considered to be a development which improves the economic, social and environmental conditions of the area.
2.	Tree protection precaution The following precautions are recommended to ensure that the trees which are to be retained during the development are protected from damage: (a) Ensure that all works occur in a direction away from the trees. (b) Ensure that no materials are stored within close proximity i.e. underneath the canopy of trees to be retained. (c) Ensure that all mixing of materials that could be harmful to tree roots is done well away from trees (outside the canopy drip line) and downhill of the trees if on a slope, to avoid contamination of the soil. (d) To ensure the above, erect chestnut pale fencing on a scaffold framework at least out to the canopy extent to preserve rooting areas from compaction, chemicals or other unnatural substances washing into the soil. (e) If this is not possible due to working room / access requirements The ground under the trees' canopies on the side of construction / access should be covered by 7.5cm of woodchip or a compressible material such as sharp sand, and covered with plywood sheets / scaffold boards to prevent compaction of the soil and roots. This could be underlain by a non-permeable membrane to prevent lime based products / chemicals entering the soil. (f) If there are any existing roots in situ and the excavation is not to be immediately filled in, then they should be covered by loose soil or dry Hessian sacking to prevent desiccation or frost damage. If required, the minimum amount of root could be cut back using a sharp knife. (g) If lime based products are to be used for strip foundations then any roots found should be protected by a non-permeable membrane prior to the laying of concrete.
3.	Compliance with conditions Your attention is drawn to the conditions of this permission and to the Council's powers of enforcement, including the power to serve a Breach of Condition Notice under the Town and Country Planning Act 1990 (as amended). All Conditions must be complied with. If you wish to seek to amend a condition you should apply to do so under s.73 of the Act, explaining why you consider it is no longer necessary, or possible, to comply with a particular condition.
4.	Compliance with approved drawings Planning permission is hereby granted for the development as shown on the approved drawings. Any variation to the approved scheme may require further permission, and unauthorised variations may lay you open to planning enforcement action. You are advised to seek advice from the Local Planning Authority, before work commences, if you are thinking of introducing any variations to the approved development. Advice should urgently be sought if a problem occurs during approved works, but it is clearly preferable to seek advice at as early a stage as possible.

Supporting documents: