Retrospective application for change of use from agricultural to engineering workshop and storage, portacabin as office.

Retrospective application for change of use from agricultural to engineering workshop and storage, portacabin as office.

The Development Control Manager advised that conditions 4 and 7 would need to be rewritten as they were worded incorrectly.

Councillor WLS Bowen, the Local Ward Member, raised concerns about noise disturbance from the proposed development and asked that consideration be given to sound proofing the roof as well as the external walls of the property.

In response to the Local Member’s comment, the Development Control Manager said that proposed condition five would require the applicant’s noise insulation scheme to be approved by the local planning authority.

RESOLVED

That planning permission be granted subject to the following conditions:

1          F26 (Personal condition)

This permission shall ensure for the benefit of Mr Julian Lindsay or the occupants of the adjacent dwelling known as Bank Farm, Lugg Green, Kingsland only and not for the benefit of the land or any other persons interested in the land.

Reason:  The nature of the development is such that it is only considered acceptable in this location having regard to the applicant's special circumstances having regard to Policies S1 and E11 of Herefordshire Unitary Development Plan.

2          F06 (Restriction on Use)

The premises shall be used for Agricultural engineering as outlined in the Design and Access Statement submitted in support of the application ref number NW09/0589/F, date stamped Herefordshire Council 9th March 2009) and for no other purpose (including any other purpose in Classes B1 and B2) of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

Reason: The local planning authority wish to control the specific use of the land/premises, in the interest of local amenity and to comply with Policy DR2 of Herefordshire Unitary Development Plan.

3          F01 (Restriction on hours of working)

The hours during which working may take place shall be restricted to 0800 to 1800 Mondays to Fridays and 0800 to 1300 on Saturdays.  There shall be no such working on Sundays, Bank or Public Holidays.

Reason: To safeguard the amenities of the locality and to comply with Policy DR2 of Herefordshire Unitary Development Plan.

4          I36 (Restriction on level of illuminance of floodlighting (sports grounds)

No light source shall be visible from outside the extremities of the application site or produce more than 1 Lux of horizontal or vertical illuminance at any adjacent property boundary.

Reason: To minimise the impact of the floodlights and to protect the residential amenity of nearby dwellings so as to comply with Policy DR14 of Herefordshire Unitary Development Plan.

5          I15 (Scheme of noise insulation)

Within 3 months of the date of this planning approval the building shall be insulated in accordance with a scheme to be submitted to and approved in writing by the local planning authority and this will include details of the external colour of the buildings.

Reason: To safeguard the amenity of the area and to comply with Policy DR13 of Herefordshire Unitary Development Plan.

6          G10 (Landscaping scheme)

Within 3 months of the date of this planning approval a detailed landscaping scheme will be submitted to and approved in writing by the Local Planning Authority.  The details submitted should include:

Soft landscaping

a) A plan(s) showing details of all existing trees and hedges on the application site.  The plan should include, for each tree/hedge, the accurate position, species and canopy spread, together with an indication of which are to be retained and which are to be removed.

b) A plan(s) at a scale of 1:200 or 1:500 showing the layout of proposed tree, hedge and shrub planting and grass areas planting numbers and giving details of cultivation and other operations associated with plant and grass establishment.

Hard landscaping

a) The position, design and materials of all site enclosure (e.g. fences, walls)

b) Hard surfacing materials

c) Details of the outside yard area and what the outside area is to be used for

Reason: In order to maintain the visual amenities of the area and to conform with Policy LA6 of Herefordshire Unitary Development Plan.

7          G11 (Landscaping scheme – implementation)

The landscaping scheme approved under condition 6 (as shown on the approved plan) shall be carried out concurrently with the development hereby permitted and shall be completed no later than the first planting season following the completion of the development.  The landscaping shall be maintained for a period of 5 years.  During this time, any trees, shrubs or other plants which are removed, die or are seriously retarded shall be replaced during the next planting season with others of similar sizes and species unless the Local Planning Authority gives written consent to any variation.  If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5-year maintenance period.

Reason: In order to maintain the visual amenities of the area and to comply with Policy LA6 of Herefordshire Unitary Development Plan.

Informatives:

1          N15 – Reason(s) for the Grant of Planning Permission

2          N19 – Avoidance of doubt – Approved Plans