For:       RPS Mallams Court, 18 Milton Park, Abingdon, Oxfordshire, OX14 4RP

 

Ward: Ledbury

In accordance with the criteria for public speaking, M Sanders spoke against the application and Mr Cowan, the applicant’s agent, spoke in favour.

 

Councillor BF Ashton noted that the objector, who was the operator of Wye Fruits to the north of the site, was concerned that the proposed development posed the danger that their fruit would be tainted.  He pointed out that there was no evidence in the report to support this view and felt that the application should be granted.  Councillor RM Manning said that there was a danger that the supermarkets which the firm provided fruit for would perceive that the fruit may be tainted to the detriment of  their business and therefore considered that the application should be rejected.  The Principal Planning Officer said that it would be difficult to sustain a refusal on a perception that there may be a problem.  Members discussed details of the application and a proposal was put forward that consideration of the application should be deferred for further professional advice on the issues raised. Voting on this motion was tied and the Chairman used his casting vote against it.  A proposal that the application should be refused on the grounds of potential employment loss could not be supported on planning grounds.

 

RESOLVED

 

That planning permission be granted subject to the following conditions:

 

1 -        The development hereby permitted shall be begun not later than the expiration of five years beginning with the date of this permission;

 

                 Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990;

 

2 -        The three tanks hereby permitted shall be painted a Goosewing Grey (10 A 05) colour prior to their erection on-site or within one month of their erection on-site and shall notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) thereafter be maintained as such;

 

            Reason: To ensure a satisfactory appearance to the development;

 

3 -        Prior to commencement of the development hereby permitted written details of the colour that the steel paling security fencing is to be painted shall be submitted to the Local Planning Authority for written approval. No development shall commence until the written approval of the Local Planning Authority has been obtained.

 

            Reason: To ensure a satisfactory appearance to the development;

 

4 -        The security fencing hereby permitted shall be painted in accordance with the details approved pursuant to condition 3 within one month of their erection on-site and thereafter maintained as such;

 

            Reason: To ensure a satisfactory appearance to the development;

 

5 -        Prior to commencement of the development hereby permitted, full details of all external lighting to be installed upon the site (including upon the external elevations of the building) shall be submitted to the Local Planning Authority for their written approval. No external lighting shall be installed upon the site (including upon the external elevations of the building) without the prior written consent of the Local Planning Authority. The approved external lighting (including upon the external elevations of the building) shall be installed in full accordance with the approved details and thereafter maintained in accordance with those details;

 

            Reason: To safeguard the character and appearance of the area;

 

6 -        Prior to the first use of the site hereby permitted, the vehicular means of access, turning / manoeuvring areas and vehicle parking areas shall be fully implemented. Thereafter these areas shall be kept available for such use;

 

            Reason: In the interests of highway safety;

 

7 -        No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping, using indigenous species which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained together with measures for their protection in the course of development and a programme for the approved scheme's implementation and long term management. The submitted scheme of landscaping must include details as to the location of all planting, the species, their size and the density of planting;

 

                 Reason: To ensure that the development is adequately integrated into the landscape;

 

8 -        All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first use of the site or the completion of the development, whichever is the sooner, any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation;

 

                 Reason: To ensure that the development is satisfactorily integrated into the landscape;

 

9 -        No buildings shall erected or trees planted within 2.5 metres of the  public sewer which crosses the site;

 

                 Reason: To maintain essential access for maintenance, repair, renewal and to protect the structural integrity of the public sewage system;

 

10 -                  Development approved by this planning permission shall not be commenced until:

 

         a) A scheme for shallow soil sampling has been designed for the site using the information obtained from the Phase 1 Risk Assessment, dated September 2005 and Environmental Statement, dated March 2006.    This shall be submitted to, and approved in writing by the Local Planning Authority prior to that investigation being carried out on the site.

 

            b) The soil sampling has been undertaken in accordance with details approved by the Local Planning Authority.

 

         c) A Method Statement detailing any remediation requirements using the information obtained from the soil sampling has been submitted to the Local Planning Authority. This should be approved in writing by the Local Planning Authority prior to that remediation being carried out on the site.

 

                 Reason:  To ensure that the proposed site investigations and remediation will not cause pollution of the environment.

 

11 -                  The development of the site should be carried out in accordance with the approved Method Statement;

 

                 Reason: To ensure that the development complies with approved details in the interests of protection of the environment.

 

12 -                  If during development, contamination not previously identified, is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority, for an addendum to the Method Statement. This addendum to the Method Statement must detail how this unsuspected contamination shall be dealt with and from the date of approval the addendum(s) shall form part of the Method Statement.

 

                 Reason:  To ensure that the development complies with approved details in the interests of protection of the environment and harm.

 

13 -                  Upon completion of the remediation detailed in the Method Statement a report shall be submitted to the Local Planning Authority that provides verification that the required works regarding contamination have been carried out in accordance with the approved Method Statement(s). Post remediation sampling and monitoring results shall be included in the report to demonstrate that the required remediation has been fully met. Future monitoring proposals and reporting shall also be detailed in the report.

 

                 Reason:  To protect the environment by ensuring that the remediated site has been reclaimed to an appropriate standard.

 

14 -                  The development shall be carried out in accordance with the details submitted, including plan JER7016-002e, dated 27.02.06, unless otherwise agreed in writing by the Local Planning Authority.  

 

            Reason: To prevent pollution of the water environment.

 

15 -                  Prior to the commencement of operation, details shall be submitted to provide a maintenance plan, for the drainage scheme, including the attenuation pond and swales, for the lifetime of the development.   The swales and attenuation pond shall be implemented, maintained and retained in accordance with the approved details.

 

                 Reason: To ensure appropriate maintenance of the drainage system and prevent pollution of the water environment.

 

Informatives:

 

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

 

2 -        With regard the details required to be submitted pursuant to condition 5 the Local Planning Authority would advise the applicant to engage the services of a suitably qualified lighting engineer (Institute of Lighting Engineers) and that they would require the following level of detail: -

 

                 Details as to the location of each luminaire supporting structure together with the number of lights upon each structure;

            Details of lighting columns (or supporting structures)

            Written details of the colour of each supporting structure

            Details of each luminaire (i.e. lamp)

            The wattage of each luminaire

            The mounting height of each luminaire

         The tilt angle of each luminaire (n.b. the Local planning Authority would recommend 0 degrees - i.e. parallel to the ground)

            The rotational angle of each luminaire

         An appropriately scaled metric scaled block plan detailing the resultant lux levels on the ground.

 

3 -        A watching brief should be kept during the works for the presence of slow worms and if found to be present during the work, operations should cease and an ecologist licensed by English Nature for surveys should be engaged to determine the populations and impact of the works together with mitigation and compensation. The presence of nesting birds should also be evaluated throughout the works and if revealed or potentially disturbed by the development then the Herefordshire Council's Ecologist should be notified. Works should avoid disturbance to the nests, young, eggs, adults and nesting area.

 

4 -        With regard condition 10 above the soil sampling testing suite must include metals, and speciated poly-aromatic hydrocarbons (PAH) and total petroleum hydrocarbons (TPH).

 

5 -        Plan JER7016-002e details an acceptable surface water drainage/ pollution prevention system, with an attenuation pond (reedbed), swale and oil interceptors (type 1).

                 Overland flows entering the site have been satisfactorily addressed, with a cut-off system proposed at the site entrance, to prevent flow into the operational area.    It is understood that the proposed system has been designed to cater for the 1 in 100 year storm event, which is acceptable.     It is also noted that the existing site drain (an existing foul water sewer connection, part of the former residential property on the site) is to be removed, prior to construction so it does not act as a conduit for contaminants.

 

         The swales and attenuation pond (wetland) will require maintenance and a statement would be required to give details to ensure this aspect.

 

6 -        The attenuation pond and swales have added benefits, to the environment, in terms of its added water quality / biodiversity benefits.  The pond should be planted with vegetation, such as reeds, in order to maximise the treatment of water quality prior to discharge to the watercourse.    However, it should be noted that the part of the pond around the inlet should be designed to be kept clear of vegetation, so that it enables the boom to be properly installed and maintained thereafter.  The continuous boom is considered an essential part of the design scheme, to trap any oils on the surface of the pond etc.   

 

7 -        For the avoidance of any doubt the plans to which this decision relate
   are: -

 

·            Location Plan (Scale 1:35,000) Figure 1.1 received 15 March 2006

·            Application Site Plan / Site Context (Scale 1:5,000) Figure 2.1 received 15 March 2006

·            Block Plan - Drawing number WPL/Led (n) - 2004-2 (scales 1:200 and 1:2500) received 15 March 2006

·            Indicative Landscape Proposals Figure 3.1 received 15 March 2006

·            Drainage design - drawing number JER7016-002e received 15 March 2006.

·            Floor plans of office accommodation / drivers reception (drawing number UO698/01 Rev. D) (Scale 1:50) received 14^th March 2005

·            Elevations of office accommodation /drivers reception (Scale 1:100) (drawing number U0698/02 Rev A.) received 22^nd May 2006.