Agenda item

To consider an application for the replacement of buildings at Hyde Lane Business Park, Hyde Lane, Bathpool.

RESOLVED:

That planning application 48/21/0042 for the replacement of buildings at Hyde Lane Business Park, Hyde Lane, Bathpool, Taunton be APPROVED subject to the conditions as detailed in the Agenda report with an advisory note regarding screening the road frontage and an additional condition No. 20 to control the future use of the new units:

20. The premises shall be used for Use Classes E(g)(i), E(g)(iii) and B8 only and for no other purpose (including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

Reason:  In the interest of highway safety and to protect the amenities of nearby residential properties.

(Voting: unanimous in favour)

The Planning Officer introduced the application to the Committee with the assistance of a power point presentation.  He provided the following comments including:

·       The site was a former chicken farm and was now used by a number of commercial businesses.

·       It was proposed to demolish the old chicken sheds and replace them with one new L shaped building providing 5 new commercial units with a reduction in floor space and an overall height of 4.5m.

·       On the advice of the Solicitor, an additional condition was proposed to control the future use of the new units

He confirmed that the recommendation was to approve the application with conditions.

The Agent for the Planning Officer advised that the demolition of the old buildings and the replacement new building would visually improve the site.  Both office and storage uses were allowed at the site and the applicant had accepted all the proposed conditions including a landscape strategy condition.

The Committee were addressed by the Division Member for the application.  He said the site had been granted permission in 2006 for a chicken farm but had been used as industrial units for the last 16 years.  He welcomed the reduction in height of the proposed building and said the removal of vehicles parked on the roadside would be a great improvement to the area. 

He proposed that the application be approved including the additional condition to control the future use of the new units.  This was seconded by Councillor Steven Pugsley. 

The Committee were addressed by a local resident who welcomed the proposed reduction in height of the building but expressed his concerns about the operating hours, increased traffic with the additional units and suggested there should be a timeframe for the landscaping scheme to be completed.

The Planning Officer advised that as the site currently had no operating hours, it would be unreasonable to impose them now.  The use of the units reflected the existing lawful use at the site of office and light industrial.  He confirmed that an advisory note regarding screening the road frontage could be added.

During discussion, the following points were made by Members including:

·       The hours of operation at the site were restricted to weekdays but the vehicle movements were not restricted.

·       The planting scheme should be enhanced and strengthened as it would shield both sound and movement for local residents.

·       The proposed modern building would reduce noise from the site and would be an improvement to the area.

In response to a question as to whether it would be appropriate to include a further condition limiting hours of operation, the Solicitor advised that overall the proposal represented an improvement to the site, and that as the current use was itself not subject to any hours restrictions, it would not be reasonable (given the favourable comparison between the proposal and the existing situation on site, and applying the tests applicable to the imposition of planning conditions) for an hours restriction to be imposed on the new development.

On being put to the vote, the Officer’s recommendation including the additional condition to control the future use of the new units with an advisory note regarding screening the road frontage was was carried unanimously.

RESOLVED:

That planning application 48/21/0042 for the replacement of buildings at Hyde Lane Business Park, Hyde Lane, Bathpool, Taunton be APPROVED with an advisory note regarding screening the road frontage and an additional condition No. 20 to control the future use of the new units:

20. To control the future use of the new units the premises shall  be used for Use Classes E(g)(i), E(g)(iii) and B8 only and for no other purpose (including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification)

Reason:

In the interest of highway safety and to protect the amenities of nearby residential properties.

(Voting: unanimous in favour)