Item No. 3
Application Reference Number P/15/1539/2
Application Type:
Applicant:
Proposal:
Location:
Parish:
Case Officer:
Full
Date Valid:
31/07/2015
Bentleys Garden Buildings Ltd
Part change of use to retail for sale of fireworks.
Bentleys Garden Buildings Ltd, Loughborough Road, Wanlip
LE7 4PN
Wanlip
Ward:
Birstall Wanlip
Deborah Liggins
Tel No:
01509 634733
This application is reported to Plans Committee as the applicant is a serving member of
the Council.
Description of the Application
The site lies within the Countryside as identified in the Borough of Charnwood Local Plan
and is part of established business premises located close to the A46 junction with the
A6 which features the display and sale of many timber or sectional garden buildings.
The site is accessed off the southbound A6 carriageway via a slip road leading to a large
car parking area sufficient for approximately 30 cars.
It is in this location, adjacent to existing display buildings that the applicant intends to
display a domestic building measuring 6m x 8m that is also intended for use as a
dedicated fireworks outlet. An associated application for Advertisement Consent
(Application Reference P/15/1541/2) is also being considered in a separate report on this
agenda.
It is proposed that the use would potentially operate the whole year round. Opening
hours would be between 0900 and 2200 hours Mondays to Saturdays and between 1000
and 1600 hours on Sundays and Bank Holidays.
If fireworks are to be supplied outside the usual fireworks period, a licence should also
be obtained from Leicestershire Trading Standards and this is in addition to the need for
planning permission in this case.
Development Plan Policies and Other Material Considerations
The relevant part of the Development Plan for Charnwood is made up by saved policies
of the Charnwood Borough Local Plan. The Planning and Compulsory Purchase Act
2004 requires applications for planning permission to be determined having regard to
Development Plan policies, unless material considerations indicate otherwise.
Borough of Charnwood Local Plan 1991-2006 (adopted 12th January 2004) (saved
policies)
Policy CT/1 – General Principles for Areas of Countryside, Green Wedge and Local
Separation – sets out the criteria against which to assess proposals for development
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within a Countryside location. This is limited to small scale developments and re-use
and adaptation of rural buildings for uses suitable in scale and nature. The exceptions
are agricultural or forestry proposals, facilitation of the rural economy, improving
recreational facilities, and implementing strategically important schemes.
Policy CT/2 – Development in the Countryside – seeks to ensure development
acceptable in principle should not harm the character and appearance of the countryside
and safeguard its amenity interests.
Charnwood Local Plan Core Strategy 2006- 2028
The Charnwood Local Plan Core Strategy has been submitted to the Secretary of State
and is currently the subject of examination. The Inspector wrote to the Council on the
22nd January 2015 following the close of the Core Strategy hearings to outline his main
finding that, whilst the submitted Core Strategy is not sound in a number of respects, it
can be made sound with modifications. The Proposed Main Modifications were published
for public consultation on 13th April 2015. The Core Strategy is therefore at an advanced
stage in its preparation, and uncontested policies may be given greater weight in
decision-making in accordance with paragraph 216 of the Framework.
With that in mind, the significance of any unresolved objections and degree of
consistency with the policies in the Framework should continue to be taken into account
in the context of the discussions at the Hearings and the Inspector’s requests for
suggested revised policy wording.
Policy CS10 - Rural Economic Development - states that the potential of the rural
economy will be maximised and that one of the ways is envisaged to be through
supporting the sustainable growth and expansion of businesses in rural areas, provided
that in all cases, the scale and character of the development is designed and operated
so as to cause no detriment to the character and appearance of the countryside.
National Planning Policy Framework
Paragraph 28 of the NPPF states that planning policies should support economic growth
in rural areas, in order to create jobs and prosperity by taking a positive approach to
sustainable new development. To promote a strong rural economy, local and
neighbourhood plans should:
 Support the sustainable growth and expansion of all types of business and
enterprise in rural areas, both through conversion of existing buildings and well
designed new buildings;
 Promote the development and diversification of agricultural and other land-based
rural businesses;
 Support sustainable rural tourism and leisure developments that benefit business
in rural areas, communities and visitors, and which respect the character of the
countryside. This should include supporting the provision and expansion of tourist
and visitor facilities in appropriate locations where identified needs are not met by
existing facilities in rural service centres; and
 Promote the retention and development of local services and community facilities
in villages, such as local shops, meeting places, sports venues, cultural buildings,
public houses and places of worship.
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Relevant Planning History
P/04/4241/2 – planning permission granted for the change of use from a nursery to a
mixed use as a nursery and for the sale of garden buildings and equipment.
P/05/3594/2 – Advertisement consent was granted for the display of two non-illuminated
free-standing advertisement signs.
P/06/3352/2 – Planning permission was granted for the retention of CCTV cameras
Responses of Statutory Consultees
Leicestershire County Council (Highways)
The Highway Authority has no comment to make on the proposal.
Other Responses
Councillor Jones
Councillor Jones has confirmed that providing licensing concerns are addressed
regarding safe sales then there are no objections.
Consideration of the Planning Issues
The main issue to consider in the determination of this application is whether the
proposed use is appropriate in this countryside location and whether its scale is
compatible with rural interests.
The proposed use is to operate out of a designated portion of the current established
business premises. Information submitted with the application indicates that this is to
potentially be a year round activity.
The building to be used may vary in design over time but will remain a relatively modest
6m x 8m building from which counter sales to the public will be made. The use would
take up only a small percentage of the current display and sales area and would not lead
to significantly increased demand for car parking. The proposal is therefore relatively
small scale and not inappropriate for this location. It would also support the aims of the
NPPF and the emerging core strategy in supporting the sustainable growth of an existing
rural business.
In the absence of tenable reasons to refuse, it is recommended that planning permission
is granted.
RECOMMENDATION:Grant Conditionally.
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1
The development, hereby permitted, shall be begun not later than 3 years from
the date of this permission.
REASON: To comply with the requirements of Section 91 of the Town and
Country Planning Act, 1990, as amended by Section 51 of the Planning and
Compulsory Purchase Act 2004.
The following advice notes will be attached to a decision
1
DEVELOPMENT PLAN POLICIES RELEVANT TO THIS DEVELOPMENT Policies CT/1, CT/2 and TR/6 of the Borough of Charnwood Local Plan (adopted
12th January 2004) and Policy CS10 of the emerging Core Strategy of the Local
Development Framework have been taken into account in the determination of
this application. The proposed development complies with the requirements of
these saved and emerging Local Plan policies and there are no other material
considerations which are of significant weight in reaching a decision on this
application.
2
Planning permission has been granted for this development because the Council
has determined that it is generally in accord with the terms of the abovementioned policies and there are no other issues arising that would indicate that
permission should be refused.
3
Discussion with the applicant to seek an acceptable solution was not considered
necessary in making this decision. The Local Planning Authority has therefore
acted pro-actively to secure a sustainable form of development in line with the
requirements of the National Planning Policy Framework (paragraphs 186 and
187) and in accordance with The Town and Country Planning (Development
Management Procedure) (England) Order 2015.
4
The applicant is informed to make their own enquiries regarding the need for any
license from Leicestershire Trading Standards. A useful website is found below:
http://www.leics.gov.uk/index/business/tradingstandards/business_advice_and_c
ontact.htm
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This material has been reproduced from Ordnance Survey
digital map data with the permission of the controller of Her
Majesty’s Stationery Office, © Crown Copyright.
Licence No: 100023558
This copy has been produced specifically for Council
purposes only. No further copies may be made.
Application No:
Location:
Scale:
ck
Track
A6
ck
A
6
A6
Tra
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P/15/1539/2
Bentleys Garden Buildings Ltd, Loughborough Road, Wanlip LE7 4PN
1:2500
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