For:            Marshall Business Centre per Mr. S. Potter,  Pomona Office, Pomona Drive, Kings Acre Road, Hereford, HR4 OSN

Ward: Three Elms

To consider an application which has been referred to the Committee because the Central Area Planning Sub-Committee was mindful to refuse permission for Unit 2 contrary to policy and officer recommendations.

The Development Control Manager said that the Central Area Planning Sub-Committee was minded to refuse planning permission for Unit 2 contrary to recommendation.  He said that the Sub Committee was of the view that Unit 1 could be approved as recommended but that permission should be refused for Unit 2.  The Sub-Committee gave weight to the objections from local residents, and were concerned with noise impacts and the visual impact on the nearest residential properties.

In accordance with the criteria for public speaking, Mr Baskerville, a local resident,  spoke against the application.

Councillor A Taylor was of the view that there were difficulties associated with industrial uses close to residential properties and that there would be a detrimental impact of the development on the privacy and residential amenity of adjoining properties.  He therefore felt that the application should be refused.  Councillor H Davies was of the view that the mass of the building would be overpowering when viewed from the gardens of the dwellings.  Councillor Greenow had reservations about the noise disturbance experienced by occupiers of adjacent properties and the proximity of the building would have a significant impact on residential amenity.  He did not feel that there was sufficient room for large delivery vehicles to manoeuvre at the furthest point from the houses as proposed in the scheme.

The Development control Manager said that the building was orientated away from the residential properties to minimise noise and that only light industrial use would be permitted. This included storage and distribution, office or research use.  He reminded Members that the site lay within a designated area safeguarded for B1, B2 and B8 employment purposes within the UDP.  The main source of noise from such development tended to be from the parking and circulation area.  As the building was close to the boundary and doorways had been relocated, the building itself would act as a buffer to noise generated from this area.  He considered that the approval of one unit and the refusal of the other could be difficult to sustain on appeal and suggested that the conditions could be reviewed to ensure that the noise attenuation measures were sufficient.  Having considered all the aspects of the application and whilst noting the concerns raised, the Committee decided to approve it.

RESOLVED:

That   planning permission be granted subject to the following conditions:

1.      A01 (Time limit for commencement (full permission)).

         Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2.      B01 (Samples of external materials).

         Reason: To ensure that the materials harmonise with the surroundings.

3.      E05 (Restriction on hours of use (industrial)).

         Reason: In order to protect the amenity of occupiers of nearby properties.

4.   Notwithstanding the provisions of paragraph 3(1) and Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995, (or any order revoking or re-enacting that Order with or without modification), no development which would otherwise be permitted under Classes A or B of Part 8 and of Schedule 2, shall be carried out.

         Reason: In order to protect the character and amenity of the locality, to maintain the amenities of adjoining properties and to comply with Policies DR1 and E8 of the Herefordshire Unitary Development Plan 2007.

5.      The development hereby permitted shall not be brought into use until areas for the manoeuvring, parking, loading and unloading of vehicles have been laid out, consolidated, surfaced and drained in accordance with a scheme to be submitted to and approved in writing by the local planning authority and such areas shall thereafter be retained and kept available for those uses at all times.

         Reason: To minimise the likelihood of indiscriminate parking in the interests of highway safety and to conform with the requirements of Policy T11 of Herefordshire Unitary Development Plan

6.      H29 (Secure covered cycle parking provision).

         Reason: To ensure that there is adequate provision for secure covered cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy.

7.      H30 (Travel plans).

Reason: In order to ensure that the development is carried out in combination with a scheme aimed at promoting the use of a range of sustainable transport initiatives.

8.      F01 (Scheme of noise attenuating measures).

         Reason: To safeguard the amenity of the area.

9.      F04 (No open air operation of plant/machinery/equipment).

         Reason: To protect the amenities of nearby properties.

10.     F16 (Restriction of hours during construction).

          Reason: To protect the amenity of local residents.

11.     F32 (Details of floodlighting/external lighting).

          Reason: To safeguard local amenities.

12.    No external flues or extractor equipment shall be installed at the premises without the prior written approval of the local planning authority.

         Reason: In the interests of the amenity of the area and to comply with Policy DR4 of the Herefordshire Unitary Development Plan 2007.

13.       F22 (No surface water to public sewer).

         Reason: To safeguard the public sewerage system and reduce the risk of surcharge flooding.

14.    F28 (No discharge of foul/contaminated drainage).

         Reason:  To prevent pollution of the water environment.

Informatives:

1.      N03 - Adjoining property rights.

2.      If a connection is required to the public sewerage system, the developer is advised to contact the Dwr Cymru Welsh Water's Network Consultants on Tel: 01443 331155.

3.         N19 - Avoidance of doubt.

4.       N15 - Reason(s) for the Grant of PP/LBC/CAC.