PLANNING COMMITTEE DATE 14/02/2011
APPLIC REF NO
2010/843/NT &
2010/0844/NT
DATE RECEIVED
21/12/2010
CASE OFFICER
Simon Dutfield
DATE OF EXPIRY
15/02/2011
APPLICANT
C & D GROUP
LOCATION AND DESCRIPTION OF PROPOSAL
------------------------------------------------------------------------------------------------------------LAND AT LEY LANE MANSFIELD WOODHOUSE NG19 8LD
ACCESS GATES & STORAGE CONTAINER
------------------------------------------------------------------------------------------------------------RECOMMENDATION:
CONDITIONS
GRANT
LIMITED
PERIOD
PERMISSION
WITH
DESCRIPTION OF PROPOSAL AND APPLICATION SITE
Two retrospective planning applications have been submitted in respect of
land at Ley Lane, Mansfield Woodhouse and this report relates to both
applications. Planning application 2010/0843/NT refers to new access gates,
and planning application 2010/0844/NT for the temporary storage of a
container. The applications have been referred to Planning Committee as a
result of the number of objections that have been received.
The site of the current application is separate from the main C & D Group site,
and fronts onto Ley Lane. Some gardens/allotments separate the two sites
and are located to the south and west of the application site. The land is
located to the eastern end of the Mansfield Woodhouse Conservation Area,
and is located opposite several Listed Buildings to the north. Immediately to
the east lies Pennine close, a residential road serving some relatively modern
bungalows.
The site is separate to, but forms part of a larger site located on Portland
Street, which comprises primarily offices, but with some on site storage.
Planning permission was granted in June 2010 for two storey extensions to
the premises, and construction works on site are currently underway.
Following the grant of planning permission for the Portland Street site, the
applicants occupied the site the subject of the current applications, erecting
some large steel gates to replace old chain link gates, laying a concrete base,
and installing a container on site behind the existing stone wall.
The unauthorised gates resulted in a complaint from a local resident
culminating in an investigation by the Council’s Enforcement Officer who also
noted the unauthorised mobile structure on site.
The metal gates were subsequently replaced by two wooden gates, which are
the subject of application 2010/0843/NT. The wooden gates are a solid
structure and have been dark stained.
PLANNING COMMITTEE DATE 14/02/2011
The container measures 9.1m in length, 2.43 m in width and is 2.43 m. in
height and is painted blue in colour. The structure is currently located
immediately behind the front stone wall, however it is proposed to relocate it
to the rear of the site, and to install some container grown screen planting in
front of the structure to screen the container.
RELEVANT SITE HISTORY
There are no other relevant applications relating to the site.
However planning permission was granted in 2010 for two storey extensions
to the existing C&D premises on Portland Street (ref. 2010/0101). Work is
currently in progress on site.
OBSERVATIONS RECEIVED
Head of operational Services, (Highways)
As the use of the access is to intensify, would raise concerns with respect to
the width the existing access. Visibility splays or increased width (0.7m )
required to provide for appropriate visibility.
Principle Conservation and Heritage Officer.
The site is within the Mansfield Woodhouse Conservation Area opposite
Grade II listed buildings. There are a number of stone buildings in the area,
together with walls and some stone pavements providing high quality
townscape within this part of Mansfield Woodhouse.
The applicant’s extension of their use harms the special character and
appearance of the Conservation area contrary to saved Planning Policy BE6
of the Mansfield Local plan 1998. In particular, the container is currently seen
in street views from within the conservation area along Ley Lane providing a
structure that is detrimental and alien to the general character and
appearance of the area. Further; the current location of the container harms
the setting of the grade II Listed Buildings at 3 Ley Lane opposite, contrary to
saved policy BE4 of the Mansfield Local plan 1998. The use of the site is also
contrary to national policy HE 7.4 of PPS5 where there is a requirement for
planning authorities to take in to account the desirability of sustaining and
enhancing heritage assets (in this case Mansfield Woodhouse Conservation
Area).
Bearing the above in mind, the applicant has sought to relocate the container
to the back of the site, paint it dark green and screen it with evergreen
planting. The gates have been implemented as timber clad metal gates and
these appear to be acceptable in their appearance, consistent with the
general character of the area. The applicant has explained that they wish to
continue the use of the site as a temporary measure in order to allow them
time to negotiate an alternative position because they require the container for
PLANNING COMMITTEE DATE 14/02/2011
the operation of their business. While this may be, I cannot support the use of
the site for a container on a permanent basis.
While the relocation of the container to the back of the site and its screening
will help mitigate its impact upon the Conservation Area, it will in my view still
be harmful to the character and appearance of the Conservation Area and
may still be harmful to the setting of the listed buildings opposite. In particular,
its height means that it could still be viewed from surrounding vantage points.
Historically, the land was probably agricultural/allotments as indicated on the
1875 and 1919 plans (attached) and this view is given greater support by the
presence of allotments adjacent to the site. This character and land use
should in my view be maintained as the long term solution to this situation.
Not withstanding the above, and given the need of the applicant to resolve
storage space concerns in a properly managed way it appears reasonable to
allow a length of time to explore options that would allow the application land
to return to its more traditional appearance with the aim of an improved site
for the benefit of the enhancement of the Conservation Area in the longer
term. Two options are being explored; one that would see a land swap with
owners of the allotments to allow the application land to become allotments
and involving exchange with a similar size plot (currently used as allotments)
closer to the C&D offices for use as storage. The second option would result
in a more permanent traditional style building on the application site (single
storey pitched roof building in stone with pan tile roof) that would complement
the existing appearance and character along Ley lane within the Conservation
Area. In my view, the first option should also include a single storey pitched
roof stone building with pan tile roof and the metal container should be
discarded. Either of these solutions would benefit the area in terms of its
character and appearance and would require a further application for a new
traditional style storage building.
The application seeks a temporary permission and I am prepared to support a
twelve month permission as proposed but no longer than this without strong
justification. This is subject to appropriate screening/plant species selection
being achieved with the guidance of the MDC Tree Officer. After this time the
land must be returned to its former character, either incorporating a more
permanent structure as discussed above together with appropriate access
and softer landscaping (tree planting); or providing new tree planting and soft
landscaping to the land.
Members of the public.
8 letters of objection have been received from local residents with an
additional letter from the Mansfield Woodhouse Community Development
Group and a joint letter from two County Councillors, ( Cllrs Bosnjak and
Tsimbiridis). The main grounds of objection are summarised below.
PLANNING COMMITTEE DATE 14/02/2011
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Trees and bushes on site have been felled.
Unauthorised development.
The land has never been built on.
Site should be restored to its former condition.
Immediate locality is residential in character. Industrial use would
contravene this character.
Site forms part of a Conservation area.
Immediate area has been subject of renovation/improvement. The
proposal would detract from this.
Site near to 4 schools and access could result in dangers to children
accessing schools.
Will result in loss of parking for local businesses and school.
Storage should be located on the applicant’s main site or on industrial
estate.
Listed buildings in vicinity.
Concerned at storage of asbestos on site and expansion of business.
Will detract from the viability of rented properties located opposite.
Would question whether applicants are owners of the land.
Existing planting to Pennine Close not sufficient to provide for
screening.
Other structures located on site.
Throughout this report observations received in respect of the applications are
presented in summary form. The full letters and consultation responses
received, including details of any non-material planning observations, are
available for inspection both prior to and at the meeting.
Anyone wishing to make further comments in relation to the application must
ensure these are received by the Council by 12 noon on the last working day
before the date of the Committee.
POLICY & GUIDANCE
Planning Policy Statement 5 Planning for the Historic Environment. Policy
HE7 relates to the principles guiding the determination of applications for
consent relating to all heritage assets
Saved policies BE4 & BE6 of the Local plan re: ensuring that developments
do not have an adverse effect upon Listed Buildings criteria for developments
within Conservation Areas apply. Saved Policy E3 presumes in favour of
development within the urban boundary.
ISSUES
The main issues for consideration relate to:
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Whether or not the development would detract from the character of
the Conservation Area or affect Listed Buildings.
Compliance with policies.
PLANNING COMMITTEE DATE 14/02/2011
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Whether or not the development would impact upon highway safety.
Character of the area.
The application is for a temporary permission to retain a mobile structure on
site, and for the retention of some wooden gates that have been erected on
site at the entrance. Although an application is in respect of the retention of a
single portable unit on site, several other smaller mobile structures have been
located on site. The applicants have confirmed that the other mobile units will
be relocated onto their main site.
The container is currently located immediately behind the front stone
boundary wall, where it is prominent. The applicants intend to set it back on
site and to install suitable screen planting. However, as the proposal is only
for the retention of the container for a temporary period of time, new planting
would not be appropriate. The applicants have confirmed on the plans that a
number of pot grown evergreen shrubs, at a height of 2.5m, will be installed
on site that would enable the container to be fully screened from the outset,
and can be removed from site when no longer required. Such a method of
screening would provide for an effective temporary barrier/screen to the
container, particularly as the site is also bounded by a stone wall. It can be
made the subject of an appropriate condition that the screening be fully
implemented within a period of 28 days.
The applicants have also confirmed that the other trailer units stored on site
will be stored elsewhere on their main site, and again a condition can be
implemented preventing any other open storage on site other than within the
approved storage container.
It is not considered that the proposed use of the site, subject to the approved
conditions would result in any undue long term loss of visual amenity of the
site, nor undermine the character of the Conservation Area or impact upon the
setting of Listed Buildings.
The applicants had originally installed some metal gates to the site. These
have been replaced by smaller, darker stained solid wooden gates on the
advice of the Conservation Officer. The gates as installed are considered
appropriate by the Conservation Officer.
Compliance with policies.
Saved policy E3 of the Local Plan presumes in favour of the employment
developments within the urban boundary providing a number of criteria are
met. In this respect the development meets these criteria as it would not
result in a form of development that would substantially detract from the
existing pattern of development as it is only of a temporary nature.
Furthermore, the container would be screened by evergreen shrubs/plants;
the use of the container for storage of equipment would not result in any loss
of residential amenity to neighbours; existing site features would be retained
(the wall removed for the access would be reinstated); the site would provide
PLANNING COMMITTEE DATE 14/02/2011
for ease of access from the applicants existing property, minimising the need
for travel between the two sites; the existing stone wall would afford a degree
of security to the site.
Similarly the gates would not detract from the character of the area, and
would afford a degree of security to the whole site.
Policy BE4 of the Local plan presumes against developments that would have
an adverse effect upon the setting of Listed buildings. It is considered that by
setting the container away from the boundary, and incorporating screening to
the site, the development would not have an adverse effect upon the setting
of the Listed building opposite. The gates to the site have been amended,
and are now solid wood and dark stained. Their appearance is considered to
be in keeping with the immediate vicinity and with the boundary treatment to
the Listed Building opposite.
Saved policy BE6 presumes in favour of the development providing a number
of criteria are met which would ensure that the development integrates and
respects its setting, surroundings and views and would not unduly affect the
character of the area. By reason of the issues discussed above in relation to
saved policies E3 and BE4, it is considered that the development as proposed
would be sufficient to meet the criteria. The wooden gates on site would also
reflect the character and appearance of the Conservation Area, and the Listed
Building opposite.
Highway safety.
The Head of Operations (Highways) has requested access improvements to
the site in the interests of highway safety. The applicants have confirmed in
writing that they will comply with this requirement by extending the width of
the access. The implementation of this alteration can be made the subject of a
suitable condition, requiring the works to be undertaken within a period of 28
days from the grant of planning permission.
The concern of loss of parking by creating the access is of no relevance to the
existing traders, residents, parents who have no rights of parking upon any
particular section of the highway.
Other matters.
Various other concerns were raised by the objectors.
With respect of the ownership of the land, the fact that the Land Registry has
stated that the land has no Title is not a relevant planning issue. No evidence
has been supplied showing that the owners do not own the land.
The site is to be used for the storage of equipment associated with the
companies business which entails, amongst other matters, the removal of
asbestos from sites. Such uses are strictly controlled and there would be no
storage of asbestos on the site.
PLANNING COMMITTEE DATE 14/02/2011
Concerns have been expressed with respect to the felling of some trees on
site. The site is located within a Conservation Area where consent would
have been needed for the felling of the trees. In this instance, no application
had been submitted for the work, and it is unclear as to the extent of the work
that has been undertaken, although it would appear that several trees to the
frontage of the site have been felled. These works are unauthorised.
Enforcement action could be taken and the applicants required to re-plant on
a like-for-like basis, or they could submit a retrospective application for the
work.
Alternatively, the applicants could be required to undertake
replacement planting as part of this application (by condition). As the site is
currently the subject of an application, It is recommended that a condition be
imposed requiring the replanting of replacement trees on site, during the
current planting season, in accordance with details to be approved in writing
by the Local Planning Authority.
The objectors have indicated that four schools are in the immediate locality of
the application site. The access points to Yeoman park is some distance
away off Park Hall Road, as is the main entrance to The manor school.
CONCLUSION
The applications are only for a temporary period of time, following which the
container on the land would be removed, with the land reverting back to its
previous unused state. Accordingly, the proposed development would not
have significant detriment impact upon either the character or residential
amenities of the area to warrant a refusal of planning permission. It is
accordingly recommended that planning permission be granted subject to the
following conditions.
RECOMMENDED CONDITIONS/REASONS/NOTES
Application 2010/0843 ACCESS GATES
SUMMARY OF REASONS FOR DECISION
The application has been considered within the context of saved policies E3,
BE4 and BE6 [28/09/07] of the adopted Mansfield District Local Plan 1998,
and would appear to comply with the criteria contained there-in. In the
opinion of the Local Planning Authority there are no other material planning
considerations to be taken into account that would warrant a decision at
variance with the above.
(1) This permission is a limited period permission which shall expire on 30th
June and on or before this date the access shall be reinstated to its existing
condition.
PLANNING COMMITTEE DATE 14/02/2011
(1) 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.
(2) This permission shall be read in accordance with the following plans:
Site plan as proposed. Drg. No 03 received 21/12/10
Site elevations as proposed. Drg. No. 04 received 21/12/10
The development shall thereafter be undertaken in accordance with these
plans unless otherwise agreed in writing by the Local Planning Authority.
(2) Reason: To ensure that the development meets the required standards.
(3) The access shall be widened to a minimum width of 6.2m in width, and
enclosed with solid wooden gates within a period of 28 days from the date of
this permission. The section of wall to be demolished to facilitate the
widening shall be recorded (photographed) prior to the widening works being
undertaken. All stone removed from the wall shall be stored within a secure
site, and the wall shall be reinstated to its former condition within a period of
28 days from the date that this temporary permission expires.
(3) Reason: To ensure that the development meets the required standards.
(4) The gates shall be kept closed at all times except when required for
access.
(4) Reason: In the interests of visual amenity and to accord with Saved Policy
BE1 (28/09/07) of the adopted Mansfield District Local Plan.
Application 2010/0844 STORAGE CONTAINER
SUMMARY OF REASONS FOR DECISION
The application has been considered within the context of saved policies E3,
BE4 and BE6 [28/09/07] of the adopted Mansfield District Local Plan 1998,
and would appear to comply with the criteria contained there-in. In the
opinion of the Local Planning Authority there are no other material planning
considerations to be taken into account that would warrant a decision at
variance with the above.
(1) This permission is a limited period permission which shall expire on 30th
June and on or before this date the container shall be removed from the site.
(1) Reason: The nature of the development is such that it is only considered
acceptable in this location on a temporary basis, having regard to the
applicant's special circumstances.
PLANNING COMMITTEE DATE 14/02/2011
(2) This permission shall be read in accordance with the following plans:
Site plan as proposed. Drg. No 03 received 21/12/10
Site elevations as proposed. Drg. No. 04 received 21/12/10
The development shall thereafter be undertaken in accordance with these
plans unless otherwise agreed in writing by the Local Planning Authority.
(2) Reason: To ensure that the development meets the required standards.
(3) The landscaping as detailed on the submitted plan reference Drg 03 shall
be installed within a period of 28 days from the date of the grant of planning
permission, and shall be retained in full for the duration of the planning
permission. Any plants that die or are removed within this time period shall be
replaced with plants of a similar height and species within a period of 1 week.
(3) Reason: In the interests of visual amenity and to accord with Saved Policy
BE1 (28/09/07) of the adopted Mansfield District Local Plan.
(4) There shall be no outside storage of goods, containers or materials other
than in the container unit hereby granted temporary planning permission,
without the prior written approval of the Local Planning Authority.
(4) Reason: In the interests of visual amenity and to accord with Saved Policy
BE1 (28/09/07) of the adopted Mansfield District Local Plan.
(5) Details of a tree and shrub planting scheme shall be submitted to the Local
Planning Authority for approval within 28 days from the date of this
permission. The approved planting scheme shall be implemented within the
28 days from the date of the approval of the planting scheme. Any plants
which within a period of five years from the completion of the development
die, are removed, or become in the opinion of the Local Planning Authority
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.
(5) Reason: In the interests of visual amenity and to accord with Saved
Policy BE1 (28/09/07) of the adopted Mansfield District Local Plan.
Notes to applicants.
(1) The applicants are advised that conservation Area Consent should have
been sought for the removal of the trees on site. There is a requirement for
re-planting for unauthorised work.
A scheme of re-planting shall be
undertaken in accordance with condition 5 above.
PLANNING COMMITTEE DATE 14/02/2011