Meeting documents

SSDC Area West Committee
Wednesday, 20th April, 2016 5.30 pm

  • Meeting of Area West Committee, Wednesday 20th April 2016 5.30 pm (Item 141.)

Minutes:

Application proposal: Erection of 72 dwellings with vehicular access and supporting infrastructure

The Area Lead West introduced the report and with the aid of slides and photographs summarised the details of the application as set out in the agenda.  He advised that the site was located on land within phase 2 of the Chard Plan and that the principle of the development was considered to be acceptable.  The application was a full application and therefore all details were up for consideration.  With regard to Highways and Parking he confirmed that the scheme proposed a new access onto the A30 and provided 174 parking spaces slightly above the standard required. He confirmed that the Highway Authority was satisfied with the scheme.  In referring to the design and layout of the scheme he commented that 36 dwellings per hectare was an appropriate level for the site.  In terms of the relationship with Numatic International Ltd, he advised that the nearest house would be located 50 metres from one of the Numatic buildings.  The bedrooms and living space of the nearest dwellings would be located to the north away from the noise source with appropriate glazing and fencing.  He further advised that a noise assessment had been undertaken at the request of the Council’s Environmental Health Officer.

The Committee was addressed by the Council’s Economic Development Manager.  He commented that throughout Numatic International Ltd’s 47 year history, the company had followed a continuous programme of expansion of its facilities to meet the increasing demand for products.  Their current plans for expansion would result in a 25% sales increase and increased workforce with extended shift patterns to meet demand. He explained that Numatic already had permission to manufacture in plot 8 which would introduce a new noise level on site.  He referred to the development constraining expansion of the company and the likelihood of noise complaints which could force Numatic into considerable expenses.  It could prevent the creation of new jobs and hinder economic growth in Chard.     

In response to questions from Members, the Area Lead Planning Officer advised that:

·         There would be two blocks of affordable housing within the site.  There was no specific policy on splitting up affordable housing;

·         There was a drop of 13 metres from the A30 down to the bottom of the site;

·         The proposed housing would be built in the best way to prevent noise travelling;

·         The Senior Environmental Health Officer explained that the houses at the lower end of the site would form a buffer and confirmed that noise levels within the site were acceptable:

·         The Community Health & Leisure Service had not requested on site play provision and considered the distance to other play facilities to be reasonable;

·         The Legal Services Manager advised that the Council had a duty under the Environmental Protection legislation to investigate noise issue complaints;

·         The row of houses nearest to the bottom end of the site would be affordable homes;

·         The Senior Environmental Health Officer confirmed that there would be no habitable rooms facing the Numatic site;

·         The noise assessment was based on what the site maybe like in the future including the worst case scenarios for noise impact;

·         The properties closest to the Numatic site would still get some sunlight although would depend on their orientation.

The Committee was addressed by Andrew Smith representing Numatic International Ltd. He referred to the growth of the company which at the present time he couldn’t see stopping.  He advised that there was a need for the company to operate 24 hours, 7 days a week.  He referred to the need to make the land next to the factory employment land.  He advised that the factory received some noise complaints even at the quiet end of the site.  They considered themselves to be good neighbours with the most noise generated operations being situated away from residential properties.  He commented that there was a need for new production areas as they were running out of space.  He advised that the company would need to make more noise and introduce 24 hours working, 7 days a week in buildings closer to the development. He raised concerns about the development limiting what the company could do in the future.   

In response to a member question, the applicant advised that representations had been made during the Local Plan process for the land to be designated as employment land.

In his absence, the Chairman read the comments of the Ward Member, Cllr Dave Bulmer.  He commented that whilst the principle of development may appear to be acceptable in the context of the approved local plan and as part of the CEDA development area, it was vitally important that the relationship to the proximity of the adjacent Numatic Factory be considered.  Given the serious risk to the current and future operational and development of Numatic he was unable to support the officer’s recommendation.  He stressed that the jobs were vital to Chard’s overall economy.

During discussion, members made a number of comments which included the following:

·         Concerns were raised over the lack of on-site play facilities particularly for younger children;

·         The nearest play area was across a main road which had no controlled crossing;

·         Concerns raised that the nearest play facilities were a considerable way away from the application site;

·         Numatic should not be made to change their way of working.  The company was important to Chard and the economy;

·         There would be an unknown risk of noise complaints;

·         Disappointed with housing across the bottom of the site. It was felt that it would be better suited to an office block;

·         Concerns over the potential for a statutory noise nuisance and there would be no option but to take action.

The Area Lead North/East advised that the introduction of an office block would affect the viability of the site.  The developer was aware of the noise issues and had taken adequate steps.  He advised the Committee were asked to consider the application before them and it seemed unlikely that at this stage the applicant would be willing to pursue alternative layouts.  It was confirmed that an on-site play area would probably affect the viability of the site and that the contribution for off site play provision had been agreed with viability in mind.

 

 

 

It was proposed and seconded to refuse the application contrary to the Planning Officer’s recommendation.  The reasons for refusal were suggested by the Area Lead North/East and agreed by members as follows:

·         The development would create an unacceptable low standard of amenity for future residents due to noise and disturbance due to the topography of the site and the proximity of the proposed dwellings to the existing industrial activities at the Numatic site;

·         The proposal was contrary to policies EQ2 and EQ7 of the South Somerset Local Plan and policies within the National Planning Policy Framework;

·         The proposed development by reason of the proximity of the houses to the Numatic site was likely to give rise to noise complaints;

·         The proposal would place unreasonable restrictions on the way this important employment site can operate;

·         Distance and route to the nearest off-site play area and failure to provide on-site play facilities for the youngest children (under 5s).

On being put to the vote the proposal to refuse the application for the reasons stated by the Area Lead North/East was unanimously carried.

RESOLVED:

That Planning Application No. 14/04399/FUL be REFUSED contrary to the Planning Officer’s recommendation for the following reason:

1.    The development, by reason of the topography of the site and the proximity of the proposed dwellings to the existing industrial activities at the Numatic site, would create an unacceptably low standard of amenity for future residents due to noise and disturbance. As such the proposal is contrary to policies EQ2 and EQ7 of the South Somerset Local Plan 2006-2028 and the policies contained within the Nation Planning Policy Framework.

 

2.    The proposed development by reason of the proximity of the houses to the Numatic site is likely to give rise to noise complaints, the only remedy to which could be action to ensure that remedial steps are taken by the operators of that site. As such the proposal would place unreasonable restrictions on the way this important employment site can operate contrary to paragraph 123 of the National Planning Policy Framework.

 

3.    Given the distance and route to the nearest off-site play area, the failure to provide on-site play facilities for the youngest children (under 5s) would not create a quality space that meets the needs of future residents as such the proposal is contrary to policies EQ2 and HW1 of the South Somerset Local Plan 2006-2028 and the policies contained within the National Planning Policy Framework.

 

(Voting: unanimous in favour)

 

Supporting documents: