Agenda item

Committee considered a detailed report in relation to the above application presented by the Development Management and Land Charges Manager, who gave details of the application and highlighted the location and features of the site and key issues.  The planning application sought approval for the erection of 2 industrial buildings for storage associated with existing railway maintenance business.

 

The application had been deferred from the previous meeting to enable a site visit by Members.

 

Mr. D. Palos attended the meeting and spoke against the application.

 

Mr. M. Prothero (the applicant) spoke in support of the application.

 

Mr. S. Clarke spoke in support of the application.

 

In answer to a question, Mr. S. Clarke stated loaded trailers would be reversed into intended holding areas (along with railway maintenance equipment) to be stored securely.

 

To statements made, the Development Management and Land Charges Manager confirmed that the 2016 application had been refused on residential amenity grounds.  However, it was explained that this application sought permission for a building that was 8.3 metres high to ridge in close proximity to the eastern boundary.  The application before Committee sought permission for buildings that were 4.6 metres high to eaves (5.8 metres to ridge) and would be set 2-4 metres in from boundaries.

 

Moved by Councillor John Ritchie and seconded by Councillor Carol Wood

RESOLVED that current application be APPROVED subject to the following conditions:

 

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

 

2.    The development must be carried out in accordance with the following plans submitted with the application:

 

·       Revised ‘UNIT C1 – Proposed Elevation and Floor Layout’ plans received on the 1^st November 2024.

·       Revised ‘UNIT C2 – Proposed Elevations and Floor Layout’ plans received on the 1^st November 2024.

·       ‘Cross Sections through the Site’ plans received on the 1st November 2024.

·       Revised ‘Block Plan’ received on the 1^st November 2024.

 

3.    No development must take place until details of the materials to be used in construction of the external surfaces of the buildings hereby permitted have been submitted to and approved in writing by the local planning authority. The development must be carried out in accordance with the approved details.

 

4.    The two buildings hereby approved must only be used for storage purposes in association with the primary use of the site and not for other industrial manufacturing or industrial operations.

 

5.    Prior to the commencement of the development (excluding demolition of existing structures and site clearance):

 

a)    scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past coal mining activity; and,

 

b)    any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed.

 

The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance.

 

6.    Prior to the buildings hereby by approved being brought into use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.

 

7.    Prior to the commencement of the buildings hereby approved:

 

a)    Phase I land contamination assessment (desk-study) shall be undertaken and approved in writing by the local planning authority; and,

 

b)    The land contamination assessment shall include a desk-study with details of the history of the site use including:

 

·       the likely presence of potentially hazardous materials and substances,

·       their likely nature, extent and scale,

·       whether or not they originated from the site,

·       a conceptual model of pollutant-receptor linkages,

·       an assessment of the potential risks to human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, ground waters and surface waters, ecological systems, archaeological sites and ancient monuments,

·       details of a site investigation strategy (if potential contamination is identified) to effectively characterise the site based on the relevant information discovered by the desk study and justification for the use or not of appropriate guidance. The site investigation strategy shall, where necessary, include relevant soil, ground gas, surface and groundwater sampling/monitoring as identified by the desk-study strategy.

 

The site investigation shall be carried out by a competent person in accordance with the current U.K. requirements for sampling and analysis. A report of the site investigation must be submitted to the local planning authority for approval.

 

8.    Prior to the commencement of the development hereby approved:

 

Where the site investigation identifies unacceptable levels of contamination, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment shall be submitted to and approved in writing by the local planning authority. The submitted scheme shall have regard to CLR 11 and other relevant current guidance. The approved scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria and site management procedures. The scheme shall ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

The developer shall give at least 14 days’ notice to the local planning authority (Environmental Health) prior to commencing works in connection with the remediation scheme.

 

9.    No buildings hereby approved shall be brought into use until:

 

a)    The approved remediation works required by 8 above have been carried out in full in compliance with the approved methodology and best practice.

 

b)    If during the construction and/or demolition works associated with the development hereby approved any suspected areas of contamination are discovered, which have not previously been identified, then all works shall be suspended until the nature and extent of the contamination is assessed and a report submitted and approved in writing by the local planning authority and the local planning authority shall be notified as soon as is reasonably practicable of the discovery of any suspected areas of contamination. The suspect material shall be re-evaluated through the process described in 7b to 8 above and satisfy 9a above.

 

c)     Upon completion of the remediation works required by 8 and 9a above a validation report prepared by a competent person shall be submitted to and approved in writing by the local planning authority. The validation report shall include details of the remediation works and Quality Assurance/Quality Control results to show that the works have been carried out in full and in accordance with the approved methodology. Details of any validation sampling and analysis to show the site has achieved the approved remediation standard, together with the necessary waste management documentation shall be included.

 

            Notes to Applicant:

 

1.    Ground Investigations:

Under the Coal Industry Act 1994 any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority since these activities can have serious public health and safety implications. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain permission to enter or disturb our property will result in the potential for court action. Application forms for Coal Authority permission and further guidance can be obtained from The Coal Authority’s website at: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property

 

2.    Shallow coal seams:

In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities.

 

3.    Requirement for Incidental Coal Agreements:

If any future development has the potential to encounter coal seams which require excavating, for example excavation of building foundations, service trenches, development platforms, earthworks, non-coal mineral operations, an Incidental Coal Agreement will be required from the Coal Authority. Further information regarding Incidental Coal Agreements can be found here – https://www.gov.uk/government/publications/incidental-coal-agreement/guidance-notes-forapplicants-for-incidental-coal-agreement

 

            Statement of Decision Process:

 

            Officers have worked positively and pro-actively with the applicant to             address issues raised during the consideration of the application. The             proposal has been considered against the policies and guidelines             adopted by the Council and the decision has been taken in    accordance with the guidelines of the Framework.

 

            Equalities Statement:

 

            Section 149 of the Equality Act 2010 places a statutory duty on public             authorities in the exercise of their functions to have due regard to the             need to eliminate discrimination and advance equality of opportunity             between persons who share a relevant protected characteristic and             persons who do not share it (i.e., “the Public Sector Equality Duty”).

 

            In this case, there is no evidence to suggest that the development             proposals would have any direct or indirect negative impacts on any             person with a protected characteristic or any group of people with a             shared protected characteristic.

 

            Human Rights Statement:

 

            The specific Articles of the European Commission on Human Rights (‘the             ECHR’) relevant to planning include Article 6 (Right to a fair and public             trial within a reasonable time), Article 8 (Right to respect for private and             family life, home and correspondence), Article 14 (Prohibition of             discrimination) and Article 1 of Protocol 1 (Right to peaceful enjoyment             of possessions and protection of property).

 

            It is considered that assessing the effects that a proposal will have on             individuals and weighing these against the wider public interest in             determining whether development should be allowed to proceed is an             inherent part of the decision-making process. In carrying out this             ‘balancing exercise’ in the above report, officers are satisfied that the             potential for these proposals to affect any individual’s (or any group of             individuals’) human rights has been addressed proportionately and in             accordance with the requirements of the ECHR.