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Committee and Date Item Central Planning Committee 14th December 2012 7 Public Development Management Report Responsible Officer: Stuart Thomas email: [email protected] Tel: 01743 252665 Fax: 01743 252619 Summary of Application Application Number: 12/01913/FUL Parish: Pontesbury Proposal: Application under Section 73A of the Town & Country Planning Act 1990 for the use of land and buildings for Class B1, B2 and/or B8 uses and for haulage depot Site Address: Malehurst Industrial Estate Minsterley Shrewsbury SY5 0EQ Applicant: Swains SSAPS Case Officer: Nanette Brown email: [email protected] Grid Ref: 338469 - 305970 © Crown Copyright. All rights reserved. Shropshire Council 100049049. 2011 For reference purposes only. No further copies may be made. Contact Stuart Thomas on 01743 252665 Central Planning Committee: 14th December 2012 Recommendation: Grant Permission subject to the conditions sets out in Appendix 1. Recommended Reason for Approval This proposal provides the opportunity to support rural enterprise and diversification of the economy that will provide continued and future local employment opportunities. It is considered that the proposal will not result in any significant and detrimental impact on residential amenities of nearby neighbours, and that the traffic movements generated by the development will be accommodated on the local road network without detriment to highway safety. As such the proposal is therefore considered to accord with the requirements of the saved Shrewsbury & Atcham Borough Local Plan policy EM3, the Shropshire Core Strategy Policies CS5 and CS13, and those of the National Planning Policy Framework (NPPF). REPORT 1.0 THEPROPOSAL 1.1 This application seeks planning permission to allow all of the 22 buildings/units and the associated open areas on site to be used for class B1, B2 and/or B8 uses and also for the operation of a haulage depot. The site includes buildings of various sizes and also open spaces that provide parking, manoeuvring and service spaces. 1.2 The applicant also seeks the authority to consider granting the consent in such terms as to make future changes of use of the buildings on the site from one of the permitted Use Classes to another without the need to seek further consent from the Council. That would allow, say, a Unit that is currently in B1 use to change to a B2 or B8 use, a building currently in B2 use to become a B1 or B8 use, or a building in B8 use to become a B1 or B2, withoutthe need to seek individual planning permissions. 2.0 SITE LOCATION/DESCRIPTION 2.1 The site is located to the south west of Pontesbury and to the north east of Minsterley, situated directly south of the settlement of Malehurst. Access to the site is gained off the local road network from the road leading from the A488 to Malehurst and Asterley. 2.2 The site itself comprises of a mixture of mostly modern style buildings (in terms of sizes and materials) and open areas used for parking and turning. Part of the open areas of the site and buildings are also used for the applicant’s haulage business. The boundaries of the site are largely marked by planting and fencing. The front of the site facing onto the road comprises of a concreted parking area and buildings (Units1& 1a). A second part of the site (Top Yard), to its south western end is not included within this application. 2.3 The closest residential property to the site is Hills View, a detached property located to the north of the site on the opposite side of the road. The driveway and entrance to the Hills View lies almost opposite the northern corner of the application site. 2.4 The second closest residential property is The Gatehouse, located on Malehurst Bank, immediately adjacent to the turning off the A488 for the lane that runs past the application site. The Gatehouse is situated at a higher position than the application site and so views of the site can be taken down into it from The Gatehouse. Contact Stuart Thomas on 01743 252665 Central Planning Committee: 14th December 2012 2.5 Site History – Recent planning permissions and certificates of lawful use granted on the site include: SA/07/1209/F – Erection of replacement commercial building for B1, B2 and B8 use – Granted 10 October 2007 (Unit 1a) 10/02171/CPE - The use of the building shown on the plan and numbered 17 for use within Use Classes B1 (of the Town and Country Planning (Use Classes) Order 2010, use of the buildings shown on the plan and numbered 2,13a, 14 for use falling within Use Classes B2 (of the Town and Country Planning (Use Classes) Order 2010, use of the buildings shown on the plan and numbered 7 and 8 for use falling within Use Classes B8 (of the Town and Country Planning (Use Classes) Order 2010, use of the building shown on the plan and numbered 15 for the purpose of heavy goods vehicle repair garage (Sui Generis), use of the building shown on the plan and numbered 1A falling within Use Classes B1, B2 and B8 (of the Town and Country Planning (Use Classes) Order 2010 which are to be carried on in complete accordance with conditions attached to planning permission SA/07/1209/F granted on the 10th October 2007 – Approved 11 November 2011 3.0 REASON FOR DELGATED DETERMINATION OF APPLICATION 3.1 Under the adopted scheme of delegation this application is in the view of the Group Manager in consultation with the committee chairman or vice chairman of a complex nature that should be determined by the relevant planning committee. 4.0 Community Representations 4.1 -ConsulteeComments 4.1.1 SC Highways – Objection The site is served via an approach from the A488 which is substandard in width and alignment to cater for the type and volume of vehicles likely to be generated by the current industrial estate. In addition the junction of the approach road with the A488 is substandard in terms of its geometry and visibility splay in the south- westerly direction. The effect of the junction layout is that large vehicles turning at this junction are required to manoeuvre within the whole of the A488 carriageway width. Having regard to the limited visibility at the A488 junction and restriction in forward visibility for vehicles approaching the junction from a south-westerly direction, due to the vertical alignment of the A488, there are inherent highway safety concerns. Having said that the accident record at this junction does not indicate the junction as being an accident problem. Representations against the application state however that there have been a number of near misses. Given the highway deficiencies set out above, the highway authority would not wish to see a material increase in the type and number of vehicles generated to the site. Moreover the highway authority would be minded to recommend refusal in strong terms if this proved to be the case. However as we are all aware, this is not a straight forward situation due to the chequered historic background of this site. Whilst the latest Certificate of Lawfulness Application (CLUED) now clarifies the Contact Stuart Thomas on 01743 252665 Central Planning Committee: 14th December 2012 use of buildings 1A, 2, 7, 8, 13A, 14, 15 and 17 under a specific use class, this still leaves 14 units without a recognised use class. However it would appear that those other 17 buildings have been used for a multitude of industrial/business/commercial activities, although it cannot be established that any of the uses within the 17 units have taken place in excess of 10 years. In addition there is no clarity regarding the use, permitted or otherwise, of the outside hard standing areas. If there are no restrictions/planning controls over the outside area use of the site, these can have a significant influence over the types and numbers of vehicles likely to be generated by different industrial activities. Based upon the letter submitted by the applicant’s agent dated 18th September, its conclusion in effect contends that the level of permission now being sought reflects what has been happening on the site for many years and as such permission should not be withheld. The highway authority’s concern however, based upon the applicant’s agent contention, is that there would potentially be no control of the site and that the site buildings and outside hard standing areas would have an open B1, B2 and B8 use class. In the absence of legal guidance I question that the ‘fall back’ position is so compelling to force the Council to accept/agree to unrestricted B1, B2 and B8 use of the site. Such an unrestricted use of the units outside of those granted under the CLUED application, together with the potential use of the outside hard standing areas, could allow buildings to be combined to allow industrial activities which could generate significant traffic movements. Given the above I am not in a position to support this application. 4.1.2 SC Public Protection – No objections In principle, express no objection to this application as the site is already undertaking Class B1, B2, B8 uses and haulage and brings the unclassified units into line with the units currently operating under the Certificate of Lawfulness. However, permission is granted recommend the following condition to restrict use of the site to more conventional opening hours as per other Industrial sites of this nature: No machinery, plant, deliveries and dispatches shall arrive, depart or operate outside of the following times: a) 7.00am and 7.00pm on Monday - Friday; b) 8.00am and 6.00pm on Saturdays; c) Not at anytime on Sundays and Bank Holidays Except vehicles returning to their Operating Centre.