Application: 65/2015/15388
7 day notice: No
1.
Site Description
1.1
Willis’ depot forms part of a small pocket of largely commercial development located
to the south west of the roundabout junction of the A629, A65, A59 and Gargrave
Road, on the Skipton By-Pass. This area lies some 1.25 miles to the north west of
Skipton town centre, outside the development limits.
1.2
The subject site is to the south of the most recently constructed warehouse building
within the depot, and currently is undeveloped. This area forms the last parcel of
land remaining undeveloped between the depot and the Skipton Auction Mart
boundary.
1.3
Vehicle access to the depot is from the former Nicholas Smith’s garage forecourt
(now under construction for a farm shop), off Gargrave Road, using a joint shared
access.
1.4
Skipton Auction Mart lies to the south of this group, but is separated by open land
bounding the application site and, because of the landform, is not visually linked to
Willis’ depot.
1.5
The applicants operate a removals, storage and shipping business and their
existing depot comprises three principal buildings and associated vehicle hard
standings. The depot forms part of a larger group of buildings and land uses which
together form an enclave of development between Gargrave Road to the north and
the Skipton By-Pass to the west.
2.
Proposal
2.1
The proposal is seeking outline permission for the construction of new warehouse
and associated forecourt area with only the Access, Layout and Scale details to be
determined by this proposal.
2.2
Details relating to Landscaping and Appearance being reserved for later
consideration.
2.3
The application site has been subject to planning approval previously, all of which
are relevant to this proposal. Of particular relevance is planning permission
65/2001/1126 which granted outline permission for the construction of warehouse
and forecourt. The permission was subsequently renewed before it finally lapsed,
hence the application.
2.4
Vehicle access to the site would be directly off Gargrave Road, running through the
existing storage warehouses before creating a new vehicle access into the site. The
proposed site and associated hard standing would be located to the south of
existing storage units, and set back from the frontage to the bypass.
2.5
In addition, existing landscaping provides a natural screen when viewed from
vehicles travelling along the bypass and from the junction onto Gargrave Road.
2.6
A PROW which runs around the site would be retained.
3.
Planning History
3.1
5/65/10: Erection of garage and chemical store for water supply apparatus;
Conditional approval 7/3/75.
3.2
5/65/33: Use of land for parking HGV’s; Conditional approval 28/7/78.
3.3
5/65/47: Erection of office building; Conditional approval 14/9/79.
3.4
5/65/56: Erection of warehouse for furniture storage; Conditional approval 14/11/80.
3.5
5/65/65: Use of land for vehicle parking, submitted 6/6/83; Conditional approval
4/1/84.
3.6
5/65/65/A: Erection of warehouse and formation of vehicle parking; Conditional
approval 4/1/84.
3.7
5/65/65/C: Construction of warehouse extension; Conditional approval 8/3/88.
3.8
5/65/107: Construction of new building for storage or light industrial use; Refused
17/12/96.
3.9
5/65/107A: Erection of new storage building and improvement of existing access;
Conditional approval 9/7/97.
3.10
65/2001/1126 – Outline permission for the construction of warehouse and forecourt
– Approved May 2001.
3.11
65/2004/4087 – Reserved Matters for the construction of Warehouse and Forecourt
(Renewal of application number 65/2001/1126) – Approved April 2004.
3.12
65/2009/9347 – Outline permission for the construction of warehouse and forecourt
(Renewal of application number 65/2001/4087) – Approved March 2009.
3.13
65/2012/12363 – Renewal of planning permission ref: 65/2009/9347 – Approved
March 2012.
4.
Planning Policy Background
4.1
The National Planning Policy Framework – NPPF.
3.2
Planning Practice Guidance – PPG.
3.3
Saved Local Plan Policy ENV1 – Development in the Open Countryside.
3.4
Saved Local Plan Policy ENV2 – Requirements for Development in Open
Countryside.
3.5
Saved Local Plan Policy EMP6 – Extensions to Existing Employment Uses.
3.6
Saved Local Plan Policy BE2 – Protection of the Road Approaches to Skipton.
5.
Parish/Town Council Comments
5.1
Stirton Parish Council: - No comments or objection to the proposal.
6.
Consultations
6.1
NYCC Highways Authority: - No objection to the proposal would recommend
conditions are attached relating to the retention of parking spaces.
6.2
Ramblers Association: - No objection to the proposal but request that the path
round the site is widened to two meters and landscaping does not go right up to the
enclosing fencing with gaps left in the planting to give a more open feeling.
7.
Representations
7.1
No letters of representation has been received at the time of compiling this report.
8.
Summary of Principal Planning Issues
8.1
Principle of development.
8.2
Visual Impact.
8.3
Impact of proposal on neighbouring properties.
8.4
Highway Issues.
9.
Analysis
9.1
1. Principle of development.
9.2
The application site lies outside the existing development limits of Stirton, therefore,
saved LP Policy ENV1 applies. Policy ENV1 seeks to protect the character and
quality of the open countryside from being spoilt by sporadic development and
restricts development to small scale proposals appropriate for the enjoyment of the
scenic qualities of the countryside and other appropriate small-scale development
having a rural character and where the proposal clearly benefits the rural economy;
helps to maintain or enhance landscape character; is essential for the efficient
operation of agriculture or forestry; or is essential to the needs of the rural
community.
9.3
Saved LP Policy ENV2 also seeks to ensure that any development acceptable in
principle outside development limits is compatible with the character of the area; the
design and materials used relate to the setting; that traffic generated can be
accommodated satisfactorily and services and infrastructure can be provided
without a serious harmful change to the character and appearance of the area.
These are general planning considerations, broadly in line with the NPPF.
9.4
Saved LP Policy EMP6 is also of some relevance as the policy is supportive of the
extensions of existing industrial uses subject to the proposal being of a scale and
type appropriate to the locality and would not unacceptably alter the appearance or
character of the surrounding area, landscape, countryside and settlements.
9.5
As the Local Plan was adopted in 1999 it was not prepared under the Planning &
Compulsory Purchase Act 2004. Paragraph 215 of the new National Planning
Policy Framework (NPPF) states that policies not adopted in accordance with the
2004 Act need to be considered in terms of their degree of consistency with the
NPPF “the closer the policies in the plan to the policies in the Framework, the
greater the weight that may be given”. Hence where there is any conflict with the
local plan the local plan policies carry limited or no weight and the application
should be assessed against the new Framework.
9.6
The application site relates to a parcel of land that is either vacant or significantly
underused, and although not specifically identified for development within the Local
Plan, is situated within a predominantly industrial area and therefore the provision
of a further industrial unit is this area is considered acceptable.
9.7
Furthermore, the principle of this development was considered when outline
planning permission was granted for the development of the site in 2001. Approval
was subsequently renewed in 2004, 2009 & 2012. It is not considered that there
have been any material policy changes concerning the Local Plan to warrant refusal
of this application.
9.8
Turning to the NPPF, there is a presumption in favour of sustainable development,
which should be seen as a golden thread running through both plan-making and
decision-making. For decision-making this means approving development
proposals that accord with the development plan without delay; unless any adverse
impacts of doing so would significantly and demonstrably outweighs the benefits.
9.9
In this instance, the proposed re-development of the parcel of land which is not
considered in itself of high landscape or visual quality would provide new
commercial space within an established industrial area and thus helping to
contribute to local employment opportunities whilst also improving the character of
the landscape. It is considered therefore, that the minimal social benefits of the
proposal are more than outweighed by the economic and environmental benefits of
the proposal and as such the proposal is considered to meet the aims and
objectives of the NPPF.
9.10
In conclusion, it is considered that the proposal would not have an unacceptable
impact on the environment, built or rural and would provide both economic and
environmental benefits with the redevelopment of this site thus meeting the
dimensions set out in the NPPF and the criteria of Saved Local Policies. It is
therefore considered that the redevelopment of this site is acceptable in principle.
9.11
2. Visual impact of development.
9.12
It should be noted that the external appearance of the proposed development is a
reserved matter and therefore do not form part of the detailed assessment of this
application. Notwithstanding, it is necessary to consider whether or not
development of the site would, in principle, have an adverse visual impact on the
area generally.
9.13
Saved Policy ENV2 states that developments acceptable in principle under policy
ENV1, will only be permitted where the design of the building and the materials
proposed relate to the setting, taking account of the immediate impact and public
views of the development.
9.14
Saved Policy EMP6 also states that development of existing industrial or business
premises will be permitted if it is of a good standard of design and satisfactorily
blends into the locality in terms of design, site and materials.
9.15
With regards to the NPPF, the document stresses the importance of “good design”
and that developments should be mindful of the scale, density, massing, height,
landscape, layout, materials and access of neighbouring buildings and local area
generally.
9.16
The proposed layout and scale of the building would follow the form and massing of
the adjacent industrial units and when viewed in the context of the adjacent units
would not appear visual intrusive. Furthermore, in terms of external appearance
and landscaping details these will be addressed at the reserved matters stage.
9.17
It is therefore considered that the development, based on the submitted details,
would not be to the detriment of the surrounding area and would not conflict with
the requirements of Saved Policies ENV2 & EMP6 of the Local Plan and the
objectives of the NPPF.
9.18
3. Impact of the development on the amenity of neighbouring properties.
9.19
The National Planning Policy Framework states that LPAs should seek to achieve a
good standard of amenity for all existing and future occupants of land and buildings.
The General Development Principles of the Local Plan states that all developments
should protect the amenities of neighbouring residents and occupiers.
9.20
In this instance, due to the proposals location within an industrial site there are no
residential dwellings within close proximity to the site that would be affected by the
proposal. The proposal is therefore considered to be acceptable in terms of
neighbouring amenity.
9.21
4. Highway Issues.
9.22
Saved Policy EMP6 is supportive of development where it will not create condition
prejudicial to highway safety.
9.23
Saved Policy T2 is also supportive of development proposals subject to meeting the
following criteria; appropriately related to the highway network and in particular; do
does not generate volumes of traffic in excess of the capacity of the highway
network; does not lead to the formation of a new access or greater use of an
existing access onto a primary, district or local distributor road unless the access is
such that it is acceptable to the Council and its design achieves a high standard of
safety; and has full regard to the highway impact on; and potential for improvement
to the surrounding landscape.
9.24
Details submitted state that there would be not change to the existing access onto
the A59 and the proposal would provide 20 car parking spaces with associated
turning areas. Based on the information submitted it is considered that the access
to the site and surrounding road system is capable of dealing with the increased
traffic generated by this proposed development that this would not generate any
problems in terms of highway safety.
9.25
NYCC Highways Authority have been consulted on the application, and have raised
no objections on highway safety grounds. Therefore, it is considered that the
proposed development is acceptable in terms of highway safety thus meeting the
requirements of EMP6 & T2 of the Local Plan.
10.
Recommendation
10.1
To grant planning permission subject to the following conditions.
11
Conditions
1.
No development shall commence until approval of the details of the appearance of
the buildings and the landscaping/boundary treatments (herein after called “the
reserved matters”) has been obtained from the local planning authority in writing.
Thereafter the development shall not be carried out otherwise than in strict
accordance with the approved details.
Reason: To ensure compliance with Section 51 of the Planning and Compulsory
Purchase Act 2004 and to safeguard the rights of control by the Local Planning
Authority in respect of the reserved matters.
2.
An application for the approval of the reserved matters shall be made to the local
planning authority before the expiration of 3 years from the date of this permission.
The development hereby permitted shall be begun either before the expiration of 3
years from the date of this permission, or before the expiration of 2 years from the
date of approval of the last of the reserved matters to be approved, whichever is the
later.
Reason 2 & 3: To comply with the requirements of Section 92 of the Town &
Country Planning Act 1990.
3.
The development hereby permitted shall not be carried out other than wholly within
the site boundaries identified on Drawing No 1478B received by the Local Planning
Authority on the 20th January 2015.
Reason: To specify the terms of the permission for the avoidance of doubt.
4.
The details to be submitted in accordance with condition 1 above shall include all
buildings facing and roofing materials and finishes, surface material finishes for the
highways, and other hard surfaces, and other means of enclosure (including the
boundary treatments to the boundaries of the site), existing and proposed ground
levels, proposed finished floor levels, building heights and landscaping proposals.
Reason: To ensure the delivery of an acceptable development and facilitate
community involvement and informed decision making as set out in the National
Planning Policy Framework
5.
Notwithstanding the provision of any Town and Country Planning General Permitted
or Special Development Order for the time being in force, the areas shown on
1478B for parking spaces, turning areas and access shall be kept available for their
intended purposes at all times.
Reason: In accordance with policy T2 and to ensure these areas are kept available
for their intended use in the interests of highway safety and the general amenity of
the development
Statement of Positive Engagement: In dealing with this application Craven District Council has sought to approach the
decision making process in a positive way, in accordance with the requirements of
paragraphs 186 and 187 of the NPPF