Decision details

Planning Application No. SL/2018/0902 - Burton-in-Kendal - Land within Clawthorpe Business Park, Clawthorpe

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Construction of a new worship/meeting hall, Clawthorpe Hall Business Centre, Burton in Kendal (Mr Whiley).

 

Note Councillor Brian Cooper declared a non-pecuniary interest in this item by virtue of the fact the landlord was known to him. He remained in the meeting during discussion and voting on the item.

 

The Planning Officer presented Planning Application No. SL/2018/0902 which sought permission for the erection of a new single storey building at Clawthorpe Hall Business Centre which would be Use Class D1. She informed Members that the site was within an existing employment site which was restricted to Use Class B1a under the South Lakeland Land Allocation Development Document Policy LA1.5, and went on to highlight that the proposed use within the building would be a church hall/meeting room and included new parking and improvements.

 

The Planning Officer displayed plans and photographs which outlined the proposed development and Members’ attention was drawn to the late representations which had been circulated prior to the meeting. She stated that the key issues for consideration were the principle of the application and whether the loss of the employment area would be acceptable and if it was justified within the scope of the Local Plan Policies and whether the proposed Use Class was acceptable within the site.

 

The Planning Officer went on to inform Members that the owner of the site had struggled, since 2014, to rent out the vacant units on the site under Use Class B1a and it had been suggested that the lack of take up was due to the site being suitable for employment or that there was no need for the size of units.

 

In concluding her presentation the Planning Officer drew Members attention to the proposed hard and soft landscaping and improvements to the entrance to the business park with a clear separation of incoming and outgoing traffic and works that would reconfigure and improve the junction layout, all of which would create a better image of the business centre.

 

Members agreed that the site visit had been informative and agreed that the proposed application would tidy up and finish the area.

 

RESOLVED – That the application be granted subject to the following conditions:-

 

Condition (1)   The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof.

 

Reason            To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition (2)   The development hereby permitted shall be carried out in accordance with the following approved plans:

Location plan L3551 010 Rev A

Proposed floor plans and elevations L3551 022 Rev A

Proposed junction amendment & swept path analysis K32455/A1/01

Proposed site plan L3551 021 Rev B

 

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

 

Condition (3)   The development shall not proceed except in accordance with the mitigation strategy described in the ECOLOGY APPRAISAL prepared by ENVIROTECH and deposited with the Local Planning Authority on 5th November 201

 

Reason            For the avoidance of doubt and to prevent harm to protected species in accordance with Policy CS8.4 of the South Lakeland Core Strategy.

 

Condition (4)   a) No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority.    The Statement shall provide for:

i. the parking of vehicles of site operatives and visitors;

ii. loading and unloading of plant and materials;

iii.storage of plant and materials used in constructing the development;

iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

v. wheel washing facilities;

vi. measures to control the emission of dust and dirt during construction;

vii. a scheme for recycling / disposing of waste resulting from demolition and construction works; and

viii. measures to control noise and vibration.

 

b) The approved Construction Method Statement shall be adhered to throughout the construction period.

 

Reason            These details are required to be approved before the commencement of development to safeguard the amenity of neighbouring occupiers in accordance with National Planning Policy Framework para 17 Core Principles and paras 121- 12.

 

Condition (5)   a) Development shall not begin until details of the junction between the proposed service road and the highway have been submitted to and approved in writing by the Local Planning Authority.

b) The building shall not be occupied / first brought into use until that junction has been constructed in accordance with the approved details.

 

Reason            In the interests of highway safety in accordance with Policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (6)   Prior to first occupation of the development, the approved parking layout [and turning space] shall be constructed, marked out and made available for use and shall be retained as such thereafter.  The parking spaces shall be used solely for the benefit of the occupants and visitors of the development hereby approved and for no other purpose.

 

Reason            In the interests of highway safety in accordance with Policy DM9 of the South Lakeland Local Plan Development Management Policies.

 

Condition (7)   a) The development shall not be occupied until details of surface water management and the disposal of sewage have been submitted to and approved in writing by the Local Planning Authority.

 

b) The development shall not be occupied until details of surface water management works have been provided on the site to serve the development.

c) Before the building is first brought into use, a validation report (that demonstrates that the drainage scheme has been carried out in accordance with the approved plan) must be submitted to the Local Planning Authority.

d) The approved works shall be retained as such thereafter.

 

Reasons          To ensure adequate provision is made for the management of [surface water / and sewage] disposal in accordance with the South Lakeland Local Plan Core Strategy Policy CS8.8 and Development Management Policy DM6.

 

Condition (8)   No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner within five years from the date of commencement of the development hereby approved, other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority.  If any retained tree is cut down, uprooted, destroyed or dies another tree shall be planted [in a location to be agreed in writing with the Local Planning Authority] within the next available planting season and that tree shall be of a size and species that is first agreed in writing with the Local Planning Authority.

 

Reason            To ensure the protection and retention of important landscape features in accordance with Policy CS8.1 of the South Lakeland Core Strategy.

 

Condition (9)   The development shall not proceed except in accordance with the strategy described in the ARBORICULTURAL IMPACT ASSESSMENT report prepared by YEW TREE AND GARDENS and deposited with the Local Planning Authority on 5th November 2018.

 

Reason            For the avoidance of doubt and to prevent harm to protected trees in accordance with Policies CS8.1 and CS8.2 of the South Lakeland Core Strategy and Policy DM4 of the South Lakeland Local Plan Development Management Policies.

 

Condition (10)a) Prior to development of the car park a full specification of all proposed tree planting shall be submitted to and approved in writing by the Local Planning Authority.  The specification shall include the quantity, size, species, and positions of all trees to be planted, how they will be protected and the proposed time of planting.

b)  All trees shall be planted in accordance with the agreed specification and times and in accordance with British Standards BS4043 - Transplanting Root-balled Trees and BS4428 - Code of Practice for General Landscape Operations.

c)  The planting shall be permanently retained thereafter.

 

Reason            These details are required to be approved before the commencement of development to safeguard and enhance the character of the area and secure high quality landscaping in accordance with Core Strategy Policy CS8.2 Policy and Policy DM4 of the South Lakeland Local Plan Development Management Policies.

 

Condition (11)No fires shall be lit within 10 metres of the nearest point of the canopy of any retained tree, no equipment, machinery or structure shall be attached to or supported by a retained tree, no trenches shall be excavated or services installed in the root protection area and no mixing of cement or use of other contaminating materials or substances shall take place within, or close enough to, a root protection area that seepage or displacement could cause them to enter a root protection area.

 

Reason            To ensure the protection and retention of important landscape features in accordance with Policy CS8.1 of the South Lakeland Core Strategy.

 

Condition (12)a) A scheme showing the proposed lighting plan for external building lights and car park lighting for the development shall be submitted to and agreed in writing with the Local Planning Authority prior to operation.  This shall show the location, number and type of units proposed, their orientation and brightness in lux and proposed hours of operation.  It shall also predict the light level in lux to be experienced at surrounding properties and, adjacent A6070 and its junctions with the adjoining road network.

b)The development shall be carried out in accordance with the approved lighting scheme and retained as such thereafter.

 

Reason            These details are required to be approved before put into operation to minimise the visual impact of light on nearby residential properties and the highway in accordance with the National Planning Policy Framework Core Principles and Local Plan Development Management Policies DM1, DM2.

 

Condition (13)In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing within 14 days to the Local Planning Authority and once the Local Planning Authority has identified the part of the site affected by the unexpected contamination development must be halted on that part of the site.

An assessment must be undertaken and where remediation is necessary a remediation scheme, together with a timetable for its implementation, must be submitted to and approved in writing by the Local Planning Authority.

The measures in the approved remediation scheme must then be implemented in accordance with the approved timetable.  Following completion of measures identified in the approved remediation scheme a validation report must be submitted to and approved in writing by the Local Planning Authority.

 

Reason            To prevent harm to human health and the environment in accordance with National Planning Policy Framework para 17 Core Principles and paras 121 - 122.

 

Condition (14)The access gates hereby approved shall be hung to open inwards only, away from the highway, be recessed no less than 4.5m measured from the carriageway edge of the shared access to the business centre and shall incorporate 45 degree splays to each side.

 

Reasons          In the interests of highway safety, in accordance with Policy CS10.2 of the South Lakeland Core Strategy.

 

In the exercise of its judgement in determining the appropriate balance of considerations, the Local Planning Authority has acted positively and proactively in determining this application proposal, taking into account all material considerations. Material considerations include planning policies and any representations that may have been received preceding the determination to grant planning permission in accordance with the presumption in favour of sustainable development as set out in the National Planning Policy Framework.  The Local Planning Authority is satisfied that its processes and practices are compatible with the Human Rights Act and the decisions of the European Court of Human Rights.

Publication date: 12/06/2019

Date of decision: 25/04/2019

Decided at meeting: 25/04/2019 - Planning Committee

Accompanying Documents: