Agenda item

The receipt of a further representation, but which raised no new issues was noted. 

Public Speaker, Objector – Highway safety objections; insufficient infrastructure in place for the increase in traffic as a result of the proposal; the road is unsuitable for heavy traffic and large vehicles; the narrow road with no footpath is a designated cycle path since 2014 and part of the cycle network; users of the road are the young, old and inexperienced; no street lighting; it has a blind summit; the access to the A38 is unsuitable for additional traffic; and the application is retrospective with the use in situ without planning permission.

Public Speaker, Supporter – The proposal is in accordance with Policy; there are no objections from statutory consultees; support from the Council’s Economic Development Officer; and 52 representations of support.

Councillor comments included: difficulty in enforcing business working hours comply with conditions; the road is unsuitable being a recognised cycle route; wildlife would be disturbed with additional traffic; B8 storage and distribution use does not generate much employment; and the breach of condition is being investigated.

The Solicitor advised that the Environmental Protection Act covered statutory nuisances such as dust, fumes and noise nuisance.

It was proposed by Councillor Kerswell and seconded by Councillor Dewhirst that the application be refused on the grounds of additional vehicles and non-compliance with hours stated in the planning condition.

An amendment was proposed by Councillor Bullivant and seconded by Councillor Haines that the application be approved as set out in the report circulated with the agenda.

The Business Manager advised that the site would not change in appearance or use because the application is retrospective. There is no support for refusal from statutory consultees, there would be no reduction in employment, and the business is not of a scale that would impact on the viability of the town centre.

A vote on the amendment was taken because there were no substantial reasons put forward for refusal and therefore no grounds to vote on the proposal.

Resolved

Permission be granted subject to the following conditions:

1. Development to proceed in accordance with the approved plans.

2. Use restricted to the purposes set out in supporting documents or Class B8 only.

3. Noise levels arising from works should not exceed the background noise by more than LAeq 5 dB.

4. Within 1 month from date of decision a landscaping scheme shall be submitted for approval and work shall be carried out within3 months regarding screening to the rear to mitigate the impact of lighting on the site.

5. Operating hours including deliveries limited to Monday–Friday 07:00 to 19:00, Saturdays 07:00 to 13:00 and not at all on Sundays or Bank Holidays.

6. The polythene-clad building shall be clad in metal sheeting within 3 months of approval, full details of which, including colour and manner of fixing, shall be first approved in writing by the Local Planning Authority.

7. No external lighting to be installed unless first approved - full details of already installed lighting to be submitted for approval in writing within 1 month of approval. Any existing lighting that is not approved to be removed.

(8 votes for and 7 against)