Decision details

Planning Application No.SL/2020/0099 - James Cropper Plc, Burneside Mill, Burneside, LA9 6PZ

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

The Specialist (Development Management) presented Planning Application SL/2020/0099 which sought the removal/variation of Condition 4 (BREEAM) attached to SL/2019/0093 (Extension to the Technical Fibre Products building with relocation of existing canopy onto the side of the proposed extension, associated ground works including access road and additional hardstanding). The application raised a number of considerations, including BREEAM requirements, the application and relevance of local and national policy, the achievability of a BREEAM ‘excellent’ standard and the suitability of alternatives with regard to Sustainable Construction Statements.

 

The Council’s Local Plan Policy Review report commented on policy CS8.7, while it noted that the Policy required significant updating, the Specialist considered that it was not out of date in requiring a BREAAM excellent standard for new commercial buildings over 1000 sq m. The Specialist drew Members’ attention to the BREEAM frontloaded process to achieve a high standard which was required at the beginning of the planning process, prior to an application being submitted. Members were asked to consider the applicant’s Sustainable Construction Statement. At the site, sustainable construction methods and renewable energy were already being used. 

 

The Chairman thanked the Specialist for a thorough presentation and thanked the applicant for the diplomatic way in which they had dealt with the application. The Chairman welcomed questions from Members.

 

Members noted that thermal modelling was not addressed within the Sustainable Construction Statement alongside other important elements that formed part of the BREEAM Conditions. Members agreed that a comparison of BREEAM to the Construction Statement would allow for a beneficial assessment. Members discussed the danger of setting a precedent if BREEAM was a technical standard. The Principal Specialist (Development Management) stated that the building was quite large and rare, although there may be a danger in setting a precedent, this would be very limited given the circumstances in this case which would mitigate the likelihood of an application occurring in any future development.

 

Members stressed the importance of the decision since it related to the variation of environmental conditions and gave considerable weight to the Construction Statement which they believed should be revised in order to have a stronger incorporation of the BREEAM Conditions.

 

The Principal Specialist (Development Management) drew Members’ attention to Clause B of Condition 3 which acted as a trigger point, it sought the production of a validation report to ensure that the applicant would comply with the Sustainable Construction Statement. He added that officers were in a position to request any missing elements within the Statement and could request a revised document.

 

A motion to approve the application was proposed and seconded and it was

 

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

 

Officers seeking some revisions to the sustainable construction statement submitted by the applicants, to include additional detail to ensure it adequately addressed the relevant BREEAM categories, including thermal content.

 

Condition (1) The development hereby permitted shall be carried out in accordance

with the following approved plans:

·         Location Plan, Drawing No. 1626/P-01

·         Proposed Site Plan, Drawing No. 1626/P-04

·         Proposed Elevations, 1626/P-05

·         Design and Access Statement by Burgess Roughton Consulting Engineers, January 2019

·         Flood Risk Assessment by Burgess Roughton Consulting Engineers, January 2019

·         Ecological Assessment, Report by Rigby Jerram Ecological Consultants, October 2018

·         Pre-development Arboricultural Report by Treescapes Consultancy Ltd, November 2018

·         Ground Investigations Report by Meridian Geoscience Ltd, May 2019

·         Transport Management Plan by Burgess Roughton Consulting Engineers, October 2018Proposed Site Plan Amended, date received 11/12/2020

·         Method Statement to Mitigate Against Environmental Impact during Construction by

·         Burgess Roughton Consulting Engineers, June 2019

·         Noise and Light Objectives by Burgess Roughton Consulting Engineers, October 2018

·         Tree Planting Scheme by Edward Mills, May 2019

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

 

Condition (2)

 

a) Prior to the occupation of the development, an assessment of the impact of the proposed development on the neighbouring residents shall be submitted to and approved in writing by the Local Planning Authority. The assessment shall address the potential for noise to occur which may impact upon the amenity of the occupier(s) of the adjacent properties and shall identify fully all measures which are required to control the impact of that noise.

 

b) All approved control measures shall be implemented prior to first occupation of the building and shall be retained as such thereafter. A verification report shall be

submitted to and approved in writing by the Local Planning Authority confirming that all measures in the approved assessment have been implemented in full prior to first occupation of the building.

 

Reason: These details are required to be approved before the commencement of development to safeguard the amenity of future occupiers of the site in accordance with Policies DM1 and DM7 of the Development Management Policies Development

Plan Document and The National Planning Policy Framework Chapter 2 - Achieving

sustainable development, para 8, Chapter 12 - Achieving well-designed places, para

130 and Chapter 15 - Conserving and enhancing the natural environment –para 180.

 

Condition (3)

a)    The development hereby permitted shall be constructed in accordance with the approved Sustainable Construction Statement, Technical Fibre Products Ltd Dated Nov 2020 Received by the LPA 02 December 2020.

 

b)    The building shall not be occupied until a validation report, to demonstrate that the development has been carried out in accordance with the approved Sustainable Construction Statement, has been submitted to the Local Planning Authority.

 

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

Reason: In the interests of resource conservation and environmental sustainability in accordance with Policy DM21 of the Development Management Policies Development Plan Document and Policy CS8.7 of the South Lakeland Core Strategy.

 

Condition (4) No work for the construction of these developments, including demolition, shall take place on the site, except between the hours:

 

08.00 - 18.00 Monday to Friday; and

08.00 - 13.00 on Saturdays;

 

unless otherwise agreed in writing with the Local Planning Authority. In particular, no work should be carried out on Sundays or officially recognised public holidays without the prior agreement in writing of the Local Planning Authority.

 

Reason: To safeguard the amenity of neighbouring occupiers in accordance with National Planning Policy Framework - Chapter 2 - Achieving sustainable development, para 8 and Chapter 12- Achieving well-designed places, para 130.

Publication date: 19/11/2021

Date of decision: 28/10/2021

Decided at meeting: 28/10/2021 - Planning Committee

Accompanying Documents: