APPLIC REF NO 2015/484/ST
DATE RECEIVED
6/08/2015
CASE OFFICER
John Krawczyk
DATE OF EXPIRY
01/10/2015
WARD
Sandhurst
WARD COUNCILLOR
Dave Saunders
APPLICANT
SAVANNA RAGS INTERNATIONAL LIMITED
LOCATION AND DESCRIPTION OF PROPOSAL
------------------------------------------------------------------------------------------------------------CROFT MILL FOREST ROAD MANSFIELD NG18 4BU
9NO. STORAGE CONTAINERS OVER EXISTING UNITS WITH
SCREENING AND LOADING AND UNLOADING CANOPY
------------------------------------------------------------------------------------------------------------RECOMMENDATION: GRANT PLANNING PERMISSION WITH CONDITIONS
DESCRIPTION OF PROPOSAL AND APPLICATION SITE
The application site is an industrial site positioned within a predominantly
residential area and is bounded on all sides by residential development. The
site is currently in use for baling, grading and storage of used clothing.
This application proposes the erection of a detached loading and unloading
canopy that would measure 15m in width, 27m in length, 6.2m in height to the
eaves and 8.6m to the ridge. The building would be portal-framed with steel
cladding walls to the front and rear elevations, with the sides left open, with a
UPVC roof. The applicant has stated that the canopy would allow the loading
and unloading of material from lorries during inclement weather to the benefit
of the employees of the company.
It is also proposed to install 9 no. storage containers that would be positioned
on top of an existing row of storage containers that is currently a single
container in height. Each container would measure approximately 3m in
height, 12.8m in length and 2.5m in width. The proposed containers would
result in the entire width of the 11 container row 2 containers in height. A row
consisting of a width of 2 containers and is 2-storeys in height adjoins this
proposal with an additional block of 2-storey containers appearing to the
south.
The resulting block of containers containers would cover a total width of 28m,
13m in length and 6m in height. The containers would be positioned 8m from
the southern boundary fence which forms the common boundary with the
neighbouring residential properties of Oakham Close and 5.5m from the
northern boundary which forms the boundary to the properties of Sandhurst
Avenue.
The application has been referred to Planning Committee by the Chairman
and Vice-Chairman of the Committee due to concerns regarding the impact
upon the residential amenity enjoyed by the occupiers of nearby properties.
RELEVANT SITE HISTORY
2005/0916/ST – Temporary permission to retain 12 no. steel containers for
storage (maximum height 3m)
2009/0522/ST – Extension to existing canopy
2013/0498/ST - Excavation of existing earth berm to create hardstanding area
for the re-siting of existing storage containers – refused on the grounds that
the proposal would result in the loss of numerous mature trees that make a
valuable contribution to the surrounding area and their loss would also have a
detrimental impact upon the residential amenity of the occupiers of the
neighbouring properties
2014/0081/ST - Excavation of existing earth berm to create hardstanding area
for the re-siting of existing storage containers (resubmission - 2013/0498/ST)
OBSERVATIONS RECEIVED
Throughout this report observations received in respect of each application
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.
(1)
Environmental Health Manager
No objection
(2)
Members of the public
2 letters of objection have been received from neighbouring occupiers and
these can be summarised as follows;
18 Sandhurst Avenue;
- The shipping containers and screen to disguise them look a mess and
the containers are visible from the house and garden
- The trees screening the site are only in leaf for a short period of the
year so the view for the majority of the year will be awful
- Noise is a great concern. There is constant clanging and banging,
shouting from workers, radios and noise from the tanoy system.
-
This proposal would result in a drastic increase in noise from the
loading area which is totally unacceptable in a residential area
Have not previously objected to applications but the cumulative impact
is a step too far
12 Sandhurst Avenue;
- The business generates lorries on a residential street causing parking
problems and making access dangerous
- There are rat problems that are likely to worsen with expansion.
- The noise of dragging trolleys round the site is unacceptable and
occurs through the weekends as well as during the week
- The site is already unsightly and they are proposing to build even
higher
- There are constantly fires set at the site which causes fumes that force
residents out of their gardens
POLICY & GUIDANCE
National Planning Policy Framework (2012)
Paragraph 14 - Sets a presumption in favour of sustainable development
which should be seen as the golden thread running through both plan making
and decision taking.
For decision taking this means:


approving development proposals that accord with the development
plan without delay; and
where the development plan is absent, silent or relevant policies are
out-of-date, granting permission unless:
-
-
any adverse impacts of doing so would significantly and
demonstrably outweigh the benefits, when assessed against the
policies in this Framework taken as a whole; or
specific policies in this Framework indicate development should be
restricted.
Section 1 – Building a Strong, Competitive Economy – sets out that the
Government of committed to ensuring the planning system does everything it
can to support sustainable economic growth
Section 7 – Requiring Good Design – States that good design is key aspect of
sustainable development
Mansfield District Local Plan saved policies. [28/09/07]
Saved Policy DPS2 (28/09/07) – This policy aims to ensure development is
concentrated in the most sustainable locations.
Saved Policy BE1 (28/09/07) – This policy aims to ensure developments
achieve a high standard of design.
Saved Policy E3 (28/09/07) – States that planning permission will be granted
for the development of employment uses within the urban provided that
several criteria are met.
Saved Policy M16 (28/09/07) – Sets out the criteria that new developments
need to meet in relation to the highway network.
The Mansfield District Local Plan 1998 identifies the site as being within the
defined urban boundary.
ISSUES
The main issues to consider in respect of this application are;
1) The impact of the proposal on the character and appearance of the
surrounding area and
2) The residential amenity enjoyed by the occupiers of neighbouring
dwellings.
1) The impact of the proposal on the surrounding area
The canopy would be positioned toward the rear of the site, close to the
eastern boundary that is shared with residential properties to Sandhurst
Avenue. The properties of Sandhurst Avenue benefit from relatively large
garden areas resulting in the canopy being set some 45m from Sandhurst
Avenue and approximately 60m from Oakham Close. The ground level of the
site appears to be lower than that of the properties to Sandhurst Avenue and
the site is well screened by existing planting and a boundary wall and fence of
approximately 4.5m in height. Due to this level of screening the canopy would
be largely invisible from the surrounding area and it is considered that, whilst
the building would be large, it would be in keeping with the character of the
site and not appear unduly incongruous within the wider surroundings.
The proposed containers themselves would be an extension to those already
existing within the site and cannot be viewed from the wider surrounding area
due to the screening of the trees and surrounding properties. However, there
are views of the site from the rear of some of the neighbouring properties.
Notwithstanding this, it is considered that as the existing 2-storey containers
are not prominent within the surrounding area, the proposal would not have a
detrimental impact upon the character and appearance of the surrounding
area.
Furthermore, the containers and canopy would be finished in a dark green
colour to screen the development against the background of surrounding
trees and it is considered that the development would be in keeping with the
commercial character of the site.
2) The impact upon the amenity of neighbouring occupiers
Neighbouring occupiers have raised concerns in respect of noise and
disturbance from the site as well as the impact of the development upon the
outlook from the properties and their garden areas.
There are containers already in-situ approximately 9.5m from the rear
boundary of the garden areas of the dwellings of 2, 3 and 4 Oakham Close
and 5.5m from the boundaries of 18 and 20 Sandhurst Avenue. Whilst it is
accepted that the existing commercial use does cause an element of
disruption to the occupiers of the neighbouring properties this should be
minimised to ensure an acceptable level of residential amenity.
The containers would be used for storage of clothing with the main sorting
and grading of clothing taking place within the factory building itself. The
containers would be of a robust steel construction which contains much of the
noise of any personnel movements within and due to the nature of the
construction, it is considered that any banging type noise from the container
itself would only occur due to vehicular collisions which, are likely to be rare.
As the site can only operate during limited hours I am of the opinion that,
additional containers would not result in such an intensification of the use
where there would be an unacceptable increase in noise and disturbance to
the occupiers of the surrounding dwellings.
The proposed canopy would be enclosed to the front and rear elevations with
the side elevations facing the containers and existing canopy being open. The
applicant has advised the canopy would be used for loading and unloading
only and is required to protect employees from inclement weather. The
canopy would enclose an existing open loading area to the rear of the site and
as the canopy would result in vehicles being unloaded in an enclosure it is
considered the proposed canopy is likely to lessen noise and disturbance to
neighbouring occupiers. However, the canopy would result in a covered area
that could potentially encourage the formal industrial operation to be brought
closer to surrounding dwellings and it is therefore necessary to impose a
condition requiring the area to be used for loading and unloading only.
The site is relatively well screened by trees to the site boundaries which would
be retained and would continue to act as a screening buffer between the site
and the residential properties. The existing band of trees would make the
additional storage containers almost invisible to the properties of 1 and 2
Oakham Close, however, the boundary to 3 and 4 Oakham Close is more
open and it is considered a condition requiring additional planting to this area
would protect the outlook from the rear of these properties.
As previously described, the rear of the canopy and side elevation of the
storage containers would be positioned adjacent to the boundaries of the
properties of 12 - 22 Sandhurst Avenue. Due to the level differences between
the site and these properties the development would be largely screened by
the existing boundary treatment and trees, however it is likely the uppermost
section of the canopy and containers would be visible from the rear of the
neighbouring properties. Whilst the properties are positioned in excess of 30m
from the development, and the outlook from these is unlikely to be materially
affected, a condition requiring additional screen planting would ensure the
outlook from these dwellings is protected and enhanced.
It is therefore considered that the proposal would not have an unacceptable
impact on the residential amenity enjoyed by the occupiers of neighbouring
dwellings.
Other matters
A neighbouring occupier has raised concerns regarding vermin issues and
fires being set at the site. These matters are not considered to be material in
the determination of this application and are being investigated by the
Council’s Environmental Health Team.
Concern has also been raised regarding traffic and HGV movements around
the site. This proposal would provide additional storage for the business and a
covered area for employees to load and unload HGV’s. It is acknowledged
that there may be issues regarding HGV movements around the site but this
proposal would not lead to additional vehicular movements that would
exacerbate these issues.
CONCLUSION
The proposal is considered to accord with the objectives of the National
Planning Policy Framework 2012 and criteria of Saved Polices BE1 and E3 of
the adopted Mansfield District Local Plan. The development would not have a
detrimental impact on the character or appearance of the surrounding area or
upon the amenity of the occupiers of nearby properties. It is therefore
considered that there are no adverse impacts of granting permission that
would significantly and demonstrably outweigh the benefits of this
development when assessed against the Framework and it is recommended
that planning permission be granted with conditions.
RECOMMENDED CONDITIONS/REASONS/NOTES
(1) Condition: The development hereby permitted shall be begun before the
expiration of three years from the date of this permission.
(1) Reason: In accordance with Section 91(1) of the Town and Country
Planning Act 1990, as amended by S51(1) of the Planning and Compulsory
Purchase Act 2004.
(2) Condition: This permission shall be read in accordance with the following
plans:
Site Location Plan, Block Plan, Floor Plans and Elevations, Drawing No.
DSC.590.07, received 15 October 2015
The development shall thereafter be undertaken in accordance with these
plans unless otherwise agreed in writing by the Local Planning Authority.
(2) Reason: To define the permission, for the avoidance of doubt.
(3) Condition: Nothwithstanding the details submitted, no works or
development shall take place until a specification of all proposed tree planting
has been approved in writing by the Local Planning Authority. This
specification will include details of the quantity, size, species, position and the
proposed time of planting of all trees to be planted, together with an indication
of how they integrate with the proposal in the long term with regard to their
mature size, and anticipated routine maintenance, surfacing and soil rooting
volume. In addition all shrubs and hedges to be planted that are intended to
achieve a significant size and presence in the landscape should be similarly
specified. All tree, shrub and hedge planting included within that specification
shall be carried out in accordance with that specification and in accordance
with BS 3936 (parts 1, 1992, Nursery Stock, Specification for trees and
shrubs, and 4, 1984, Specification for forest trees); BS4043, 1989,
Transplanting root-balled trees; and BS4428, 1989, Code of practice for
general landscape operations (excluding hard surfaces).
If within a period of five years from the date of planting of any tree that tree, or
any tree planted in replacement for it, is removed, uprooted, destroyed or
dies, (or becomes in the opinion of the Local Planning Authority seriously
damaged or defective), another tree of the same species and size originally
planted shall be planted at the same place, unless the Local Planning
Authority gives its written consent to any variations.
(3) Reason: To ensure the satisfactory overall appearance of the completed
development is in accordance with Saved Policy BE1 (28/09/07) of the
adopted Mansfield District Local Plan and in the interests of the reasonable
residential amenity of adjoining occupiers
(4) Condition: Prior to the erection of any lighting on the canopy hereby
approved, precise details of this lighting shall be submitted to and approved in
writing by the Local Planning Authority. The lighting shall thereafter be
erected in accordance with the approved details and maintained as such in
perpetuity unless otherwise agreed in writing by the Local Planning Authority.
(4) Reason: In the interests of the reasonable residential amenity of adjoining
occupiers, in accordance with Saved Policy BE1 (28/09/07) of the adopted
Mansfield District Local Plan.
(5) Condition: The canopy and storage containers hereby approved shall be
finished in RAL 6020 in accordance with the submitted application and
retained as such in perpetuity unless otherwise agreed in writing by the Local
Planning Authority.
(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.
(6) Condition: The proposed canopy shall be used solely for loading/unloading
purposes, and shall not be used at any time for external storage or for the
baling and grading of clothing without the prior written approval of the Local
Planning Authority.
(6) Reason: In the interests of the reasonable residential amenity of adjoining
occupiers, in accordance with Saved Policy BE1 (28/09/07) of the adopted
Mansfield District Local Plan.
(7) Condition: Notwithstanding the details submitted, the hereby approved
canopy shall not be used for operational purposes, including the loading and
unloading of goods, outside the working hours of 7.00 am to 7.00 pm
Mondays to Fridays and 7.00 am to 1.00 pm on Saturdays, with no working on
Sundays and Bank Holidays.
(7) Reason: In the interests of the reasonable residential amenity of adjoining
occupiers and to ensure that the development accords with the Section 106
agreement dated 23 April 1997 with regard to the use of the Croft Mill site.
(8) Condition: The hours of work during construction and the delivery of
materials on to the site shall be restricted to 08.00-18.00 hours MondayFriday, 08.00-13.00 hours Saturdays and no working shall take place on
Sundays and Bank Holidays.
(8) Reason: In the interests of reasonable residential amenity and to accord
with Saved Policy BE1 (28/09/07) of the adopted Mansfield District Local
Plan.
Statement of positive and proactive working
The application as submitted was acceptable and therefore did not require the
Local Planning Authority to work positively and proactively with the applicant.