Agenda item

Erection of new industrial facility (use class B2/B8 with ancillary office B1a) with access road, parking and landscaping [Rural West York Ward] [Site Visit]

Members considered a major full application from Helen Lowther and George Burgess for the erection of a new industrial facility (use class B2/B8 with ancillary office B1a) with access road, parking and landscaping.

 

Officers provided Members with an update on the application. The further comments and conditions received from Public Protection were outlined.

 

Members were advised that further to the site visits where prematurity was discussed, prematurity is a concept in planning policy as to whether approval of a planning application would prejudice emerging policy. Refusal on prematurity grounds was  unlikely to be justified unless granting planning permission would undermine the plan process and the emerging plan was at an advanced stage. Where planning permission is refused on grounds of prematurity, the Local Planning Authority need to indicate clearly how the grant of planning permission for the development concerned would prejudice the outcome of the plan-making process. Referring to paragraphs 49 and 50 of the NPPF, Members were reminded that NPPF was clear that developments may only be treated as premature in respect of development proposals which are individually so substantial, or whose cumulative effect would be so significant, that to grant permission would prejudice the outcome of the plan making process by predetermining decisions about the scale, location or phasing of new development which ought properly to be taken in the development plan context.  The current proposal envisages a modest industrial development within the context of a draft allocation within the 2018 Draft Plan and identified as making a contribution employment provision. As such it is not considered to be of such a scale as to be prejudicial to the local plan process.

 

The additional information had been assessed and the planning balance and the recommendation are unchanged from the published report. 

 

The agent  for the applicant, Katharine Morgan, spoke in support of the application. She advised that the application related to the relocation of Unipart from Leeman Road to Northminster Business Park. She explained that the applicant had been approached by York Central and then went on to outline the case for very special circumstances.

Officers were asked and confirmed that:

·        The timing of lighting during night time hours.

·        Regarding the investigation of alternative sites, eight sites had been considered, two of which were in the York boundary.

·        As there were no time limits on conditions relating to planting and landscaping, these were for the lifetime of the development.

·        The building could be green until the planting had grown.

 

Resolved: That delegated authority be given to the Assistant Director for Planning and Public Protection to:

 

i. refer the application to the Secretary of State for Communities and Local Government under the requirements of section 77 of the Town and Country Planning Act 1990, and should the application not be called in by the Secretary of State, then APPROVE the application subject to

 

ii. the conditions set out in this report and additional and revised conditions below with the Assistant Director granted delegated powers to determine the final detail of the planning conditions

 

 

Additional conditions

 

(i)           Construction Environmental Management Plan Condition

 

Prior to commencement of the development, a Construction Environmental Management Plan (CEMP) for minimising the creation of noise, vibration and dust during the demolition, site preparation and construction phases of the development shall be submitted to and approved in writing by the Local Planning Authority. All works on site shall be undertaken in accordance with the approved scheme, unless otherwise agreed in writing by the Local Planning Authority.

 

INFORMATIVE: For noise details on hours of construction, deliveries, types of machinery to be used, use of quieter/silenced machinery, use of acoustic barriers, prefabrication off site etc, should be detailed within the CEMP. Where particularly noisy activities are expected to take place then details should be provided on how they intend to lessen the impact i.e. by limiting especially noisy events to no more than 2 hours in duration. Details of any monitoring may also be required, in certain situation, including the location of positions, recording of results and identification of mitigation measures required.

 

For vibration details should be provided on any activities which may results in excessive vibration, e.g. piling, and details of monitoring to be carried out. Locations of monitoring positions should also be provided along with details of standards used for determining the acceptability of any vibration undertaken. In the event that excess vibration occurs then details should be provided on how the developer will deal with this, i.e. substitution of driven pile foundations with auger pile foundations. Ideally all monitoring results should be recorded and include what was found and mitigation measures employed (if any). With respect to dust mitigation, measures may include, but would not be restricted to, on site wheel washing, restrictions on use of unmade roads, agreement on the routes to be used by construction traffic, restriction of stockpile size (also covering or spraying them to reduce possible dust), targeting sweeping of roads, minimisation of evaporative emissions and prompt clean up of liquid spills, prohibition of intentional on-site fires and avoidance of accidental ones, control of construction equipment emissions and proactive monitoring of dust.  Further information on suitable measures can be found in the dust guidance note produced by the Institute of Air Quality Management, see http://iaqm.co.uk/guidance/.  The CEMP must include a site specific risk assessment of dust impacts in line with the IAQM guidance note and include mitigation commensurate with the scale of the risks identified.

For lighting details should be provided on artificial lighting to be provided on site, along with details of measures which will be used to minimise impact, such as restrictions in hours of operation, location and angling of lighting. In addition to the above the CEMP should provide a complaints procedure, so that in the event of any complaint from a member of the public about noise, dust, vibration or lighting the site manager has a clear understanding of how to respond to complaints received. The procedure should detail how a contact number will be advertised to the public, what will happen once a complaint had been received (i.e. investigation), any monitoring to be carried out, how they intend to update the complainant, and what will happen in the event that the complaint is not resolved. Written records of any complaints received and actions taken should be kept and details forwarded to the Local Authority every month during construction works by email to the following addresses public.protection@york.gov.uk and planning.enforcement@york.gov.uk

 

Reason:     To protect the amenity of the area and the occupants of the nearby buildings. The information is sought prior to commencement to ensure that the CEMP is initiated at an appropriate point in the development procedure.

 

(ii)          Reporting of Unexpected Contamination

 

In the event that unexpected contamination is found at any time when carrying out the approved development, it shall be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment and where remediation is necessary a remediation scheme shall be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority.

 

Reason:     To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

(iii)        Details of all machinery, plant and equipment

 

Details of all machinery, plant and equipment to be installed in or located on the premises, which is audible outside of the premises, shall be submitted to and agreed in writing by the Local Planning Authority. These details shall include average sound levels (LAeq), octave band noise levels and any proposed noise mitigation measures. The machinery, plant or equipment and any approved noise mitigation measures shall be fully implemented and operational before the proposed use first opens and shall be appropriately maintained thereafter.

 

Note: The combined rating level of any building service noise associated with plant or equipment at the site should not exceed the representative LA90 1 hour during the hours of 07:00 to 23:00 or representative LA90 15 minutes during the hours of 23:00 to 07:00 at 1 metre from the nearest noise sensitive facades when assessed in accordance with BS4142: 2014, inclusive of any acoustic feature corrections associated with tonal, impulsive, distinctive or intermittent characteristics.

 

Reason:     To protect the amenity of nearby properties and the environmental qualities of the area.

 

(iv)        Hours of Jet Wash

 

The jet wash shall not be used between the hours of 17.00 hours and 08.00 hours (the next day).

 

Reason:     To protect residential amenity. Concerns that the proposed jet wash used outside of typical working hours would exceed the background noise levels and potentially cause a noise disturbance.

 

(v)         Hours of delivery

 

Upon completion of the development, delivery vehicles to the unit shall be confined to the following hours:

 

Monday – Sunday 07.00 hours to 17.00 hours.

 

With the exception of 1 HGV (Heavy Goods Vehicle) which shall be limited to one visit between 17.00 hours and 07.00 hours (the next day).

 

Reason:     To protect residential amenity.  Insufficient information was submitted with the application to demonstrate that more than 1 HGV visit to the site (during night time hours) would not cause disturbance to the occupants of the nearby dwellings.

 

(vi)        Lighting Scheme

 

The implemented lighting scheme shall be in accordance with Drawing Number D35216/JB/B received 01 April 2019.

 

Reason:     To protect residential amenity and the character of the area. To prevent light pollution. The lighting scheme meets the CIE/ILP (International Institute on Illumination/Institute of Lighting Professionals) guidance levels for day time period

 

(vii)      Hours of lighting

 

The external lighting shall be restricted to the following hours:

 

Monday to Sunday 07:00 hours to 23:00 hours

 

Reason:     To protect the amenity of the nearby residential properties and to prevent light pollution.These lighting levels appear to be suitable levels for day time use up to 23.00 hours, however after the 23.00 curfew the average lighting levels would be too high for the character of the area and would potential result in visual harm and disturbance. The lighting during the night time hours would not meet the CIE/ILP (International Institute on Illumination/Institute of Lighting Professionals) guidance.  The proposed planting would not provide sufficient screening during night time hour. No mitigation has been proposed for the lighting at night therefore the requirement for the restriction.

 

Revisions to Conditions

 

Condition 3 (Materials)

 

Notwithstanding any proposed materials specified on the approved drawings or in the application form submitted with the application, samples of the external materials to be used shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the construction of the building. The development shall be carried out using the approved materials.

 

Condition 5 (Landscaping)

 

Prior to construction of the building a detailed planting plan and management plan shall be submitted and approved in writing by the Local Planning Authority in accordance with the approved Landscape Masterplan (Drawing Number 2959/1 Revision A received 12 September 2018) which shall include the species, stock size, density (spacing), and position of trees, shrubs, and other plants. It will also include details of tree pits and support and ground preparation and fencing. It will also include  how the proposed planting will be maintained and managed to to create  healthy woodland along the west and south boundaries. The development shall be carried out and maintained in accordance with these approved details. Any trees or plants which die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size and species, unless the Local Planning Authority agrees alternatives in writing.

 

Reason:     So that the Local Planning Authority may be satisfied with the variety, suitability and disposition of species within the site in the interests of the character and appearance of the area. In order to preserve the visual appearance of York's Green Belt and to minimise the visual impact of the building within the Green Belt.

 

Condition 6 (Hedge and tree protection)

 

Before the commencement of and during building operations, adequate measures shall be taken to protect the trees and hedges shown as being retained on Drawing Number 1214-03 Revision S (received 12 March 2019) and Drawing Number 2959/1 Revision A (received 12 September 2018). Land levels should not be altered (raised or excavated) within the root protection areas. A tree and hedge protection plan shall be agreed in writing with the Local Planning Authority and shall be implemented prior to the stacking of materials, the erection of site huts or the commencement of building works.

 

Reason:     The existing planting is considered to make a significant contribution to the amenities of this area. In order to preserve the visual appearance of York's Green Belt and to minimise the visual impact of the warehouse within the Green Belt.

 

 

Reasons:

 

                     i.        The application site is located within the general extent of the York Green Belt and serves a number of Green Belt purposes. As such it falls to be considered under paragraph 143 of the NPPF which states inappropriate development, is by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Very special circumstances will not exist unless the potential harm to the Green Belt by reason of inappropriateness and any other harm are clearly outweighed by other considerations. National planning policy dictates that substantial weight should be given to any harm to the Green Belt.

 

                    ii.        In addition to the harm to the Green Belt by reason of inappropriateness, it is considered that the proposal would have a harmful effect on the openness of the Green Belt when one of the most important attributes of Green Belts are their openness and that the proposal would undermine three of the five Green Belt purposes. Substantial weight is attached to the harm that the proposal would cause to the Green Belt. The harm to the Green Belt is added to by the harm to the visual character and amenity identified in this report.

 

                   iii.        It is considered that cumulatively the economic benefits and the retention of the business and jobs within the city, and the fact that Unipart is to relocate to enable the  York Central site to be regenerated, are considered to clearly outweigh the harm to the Green Belt and the harm to visual character and amenity identified in this report, even when substantial weight is given to the harm to the Green Belt.  Consequently, the very special circumstances necessary to justify the proposed development exist.

 

                  iv.        The Town and Country Planning (Consultation) (England) Direction 2009 requires that proposals that constitute inappropriate development within the Green Belt, and are recommended for approval, are referred to the Secretary of State for consideration.