South Gerney Gloucestershire

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Item No 05:1
4t 05458/F U L
(CT.0807/Z)
Garted Barn
High Street
South Gerney
Gloucestershire
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Item No 05:-
Variation of condition 14 of planning permission 14lO2161lFUL (Gonversion of
existing building to a Glass A1 use including new shop front and demolition of
outbuilding to the rear. Erection of two dwellings, garages and associated works to
the rear including car parking and landscaping) to amend the opening hours of the
A1 unit to Monday to Saturday inclusive: 07:00 to 23:00, Sundays: 07:00 to 23:00 if
the opening hours are not restricted by the Sunday Trading Act 1994 or any other
statutory instrument amending or replacing it at
Carted Barn
High Street South Gerney
Full Application
1 41 05458t FU L (CT.o 807 lzl
Applicant:
Aqent:
Case Officer:
Ward Member(s):
Committee Date:
Capital Ltd
Allen Planning Ltd
Helen Donnelly
Councillor CE Bennett Councillor Juliet M Layton Councillor E G J
Jenkins
1 1th Februarv 2015
141
Site Plan
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Crown copyright and database rights
201
1
Ordnance Survey, SLA No.
01 0001
8800
RECOMMENDATION: PERMIT SUBEJCT TO THE COMPLETION OF A DEED OF
VARIATION
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Main lssues:
(a) Noise and Disturbance
Reasons for Referral:
The application has been brought to the Planning Committee for determination by Officers as the
previous application was determined by the Planning Committee. Members of the Planning
Committee debated the opening hours and it was decided that the opening hours of the proposed
41 unit should not exceed those of the existing convenience store within the village.
1. Site Description:
The site lies within the development boundary of South Cerney, to the south of High Street which
is a classified road. The application site lies outside of the Conservation Area, the boundary of
which runs along the front of the site.
The site comprises a two storey industrial building which fronts on to the High Street, with a single
storey range to the rear along the western boundary. The site was formally used as the
administrative offices, storage and depot facilities for the MITIE Group. The total area of the site
is approximately 0.14 hectares in area.
To the east side of the building there is an access from the High Street which also serves three
residential properties; the Old Farmhouse to the east and Halapeno High and Mayfield to the
south. The access is between the junctions of the High Street junction with Broadway Lane and
Ham Lane at a point where it is subject to a speed limit of 30 mph.
To the west of the site lies a residential development known as Broadway Court and there is also
residential development opposite the application site to the north of the High Street. The site lies
outside of the commercial centre of the village.
2. Relevant Planning History:
14lO2161lFUL. Conversion of existing building to a Class 41 use including new shop front and
demolition of outbuilding to the rear. Erection of two dwellings, garages and associated works to
the rear including car parking and landscaping. Permitted by the Planning Committee 24.11.2014.
11lO1745lFUL. Erection of 6 dwellings, garages and associated works. Refused 22.09.11.
CT.0807/T. Erection of two dwelling, revised vehicular access and car parking for adjoining Mite
group offices. Permitted 1 9.07.95.
CT.0807/S. Application for full planning permission for the erection of
Farm, High Street, South Cerney. Permitted 01.11.94.
2 No. Bungalows,
Old
CT.0807/J. Use of existing offices and factory as a cartographic unit. Permitted 01.09.65.
CT.0807/1. Erection of a factory for timber fencing together with office accommodation. Permitted
27.06.63.
CT.0807/K. Extension to existing industrial premises to provide a storeroom. Permitted 01.12.66
CT.0807/L. Alterations to first floor of office block to provide additional offices and alteration to
vehicular access. Permitted 01 .09.73
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3. Planning Policies:
9')
NPPF National Planning Policy Framework
LPR05 Pollution and Safety
LPR18 Development within Development Boundaries
LPR25 Vitality & Viability of Settlements
LPR21 Affordable Housing
LPR42 Cotswold Design Code
LPR46 Privacy & Gardens in Residential Development
LPR38 Accessibility to & within New Development
LPR39 Parking Provision
LPR15 Conservation Areas
LPR09 Biodiversity, Geology and Geomorphology
4. Observations of Consultees:
Environmental Health Officer: No objection.
County Highways Officer: No objection.
5. View of Town/Parish Gouncil:
South Cerney with Cerney Wick Parish Council objects to the application and has made the
following comments: "South Cerney with Cerney Wick Parish Council considers that the increase
in the opening hours will encourage anti-social behaviour and the opportunity to increase the
noise and litter deposits in what is now a prime residential area. Overall, this change to Condition
14 will be very intrusive on the privacy of an established residential area".
6. Other Representations:
Two hundred and three letters of objection have been received (189 of which are pro-forma
letters stating "l strongly object to the late night opening of the approved retail shop in the high
street of the village of South Cerney"). The summary of the issues is as follows:
Another store with such long opening hours will not be of any benefit to the village;
No need for long opening hours;
Late night opening will suit an urban shop but not one in a village;
There would be insufficient trade in the village for three stores;
Parking problems will be exacerbates;
Extra late night traffic;
Highway safety;
Additional noise and disturbance form users of parking spaces;
Early morning disturbance and late in the evening;
Late night focal point for those departing from the public houses;
Current shop in the village uses local suppliers for additional foods;
Loss of privacy;
Loss of amenity:
Bedroom of neighbouring property will become unusable in the summer due to noise;
Other village shops close at 8pm;
More noise from deliveries;
The only reason people will go into a shop late at night would be to buy alcohol;
The only other business in the village with late night opening are licensed;
Planning Committee should represent the views of local people.
7. Applicant's Supporting Information:
Advice from Counsel.
Planning, Design and Access Statement.
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8. Officer's Assessment:
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The Planning Committee approved application 14102161/FUL for the conversion of the existing
building to a retail unit (A1 use) and the erection of two dwellings, on 1Oth September 2014. The
decision was subject to conditions regarding lighting, open hours and the location of bin stores.
The minutes of that Committee meeting state, "The Member concluded her remarks by proposing
the Recommendation that Officers be given delegated authority to approve the application,
subject to conditions on lighting, opening hours and the location of bin stores. After some
discussion on the condition regarding opening hours, it was agreed that they should match those
currently operated by the nearby convenience store".
Officers researched the planning history for the nearby convenience store (the Spar) and noted
that there were no planning conditions restricting the opening hours but that the Spar operated
the following opening hours:
Monday to Saturday inclusive: 07:00 to 20:30 and Sundays: 08:00 to 20:00.
The Chair, Vice-Chair and Ward Members were notified of these opening hours and a condition
was applied accordingly. The approved plans showed the trading area of the shop to be 264
square metres. However, if that increases to over 280 square metres, the Sunday opening hours
would be limited by the Sunday Trading Act 1994. This Act limits the Sunday trading hours to only
six consecutive hours between 10am and 6pm and the shop must close on Easter Sunday and
Christmas Day.
The Committee decision was also subject to the assessment of a viability report by the District
Valuer. The decision notice was issued in November after the District Valuer had established that
it was not viable for the scheme to include an affordable dwelling. A financial contribution toward
the provision of off-site affordable housing was subsequently secured by a Unilateral Undertaking.
(a) Increased Noise and Disturbance
The current application seeks to vary the opening hours to 07:00 to 23:00, seven days a week. lf
the current application is approved, it would result in a new planning permission and all of the
planning conditions applied to application 14102161/FUL would be transferred over along. A Deed
of Variation would be sought to tie the new planning permission to the Unilateral Agreement.
The main consideration of the proposed application is whether the increase opening hours would
result in an unacceptable level of noise and disturbance to the occupants of residents living near
to the application site.
The National Planning Policy Framework advises in paragrapn Q3 that: "Planning policies and
decisions should aim to:
-avoid noise from giving rise to significant adverse impacts on health and quality of life as a result
of new development;
-mitigate and reduce to a minimum other adverse impacts on health and quality of life arising from
noise from new development, including through the use of conditions;
-recognise that development will often create some noise and existing businesses wanting to
develop in continuance of their business should not have unreasonable restrictions put on them
because of changes in nearby land uses since they were established; and
-identify and protect areas of tranquillity which have remained relatively undisturbed by noise and
are prized for their recreational and amenity value for this reason".
The National Planning Policy Guidance states that noise can override other planning concerns,
but that "Neither the Noise Policy Statement for England nor the National Planning Policy
Framework (which reflects the Noise Policy Statement) expects noise to be considered in
isolation, separately from the economic, social and other environmental dimensions of proposed
development".
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Local Plan Policy 5 (Pollution and Safety Hazards) states that "Permission will not be given for
development that would result in an unacceptable risk to public health or safety, the environment,
general amenity or existing land uses because of its location or due to the potential pollution of
air, water, land or sky [or] is likely to cause significant noise nuisance, unacceptable light levels
and spillage, vibration, dust or smell, particularly if this is likely to harm an existing business or
other neighbouring land use".
The Council's Environmental Health Officer (EHO) has assessed the application and has not
objected to the proposed opening hours. However, there is a concern that longer opening hours
could result in noise from deliveries and the EHO has recommended a condition to limit the hours
for deliveries as follows:
"No deliveries shall be taken at or disoatched from the site outside the hours of 07:00 to 19:00
Monday to Saturday and 07:30 to 14:00 on Sunday, nor at any time on bank or public holidays".
The County Highways Officer has not objected as the proposed extension of opening hours would
be outside of the peak hours of the highway network and would not represent peak hours of
trading.
9. Conclusion:
Officers are of the opinion that the proposed extension to the opening hours would not generate
noise or disturbance to a level that would result in a significant or unacceptable impact upon local
residents or to the character of the area. Officers are mindful of the wider requirements of the
National Planning Policy Framework and on balance, Officers consider that the impact of the
increased opening hours would not be so harmful as to outweigh the economic and social
benefits of the development. The proposal is considered to accord with the NPPF and Local Plan
Policy 5.
1
0. Proposed conditions:
The development shall be started by 3 years from the date of this decision notice.
Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act
1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
The development hereby approved shall be implemented in accordance with the following
drawing number(s): 14.2001.100. Rev P6, 14.2001.101 Rev P3, 14.2001J02 Rev P2,
14.2001.103 Rev P2,14.2001.104 Rev P1 ,14.2001.121 Rev P4,14.2001.122 Rev P4.
Reason: For purposes of clarity and for the avoidance of doubt, in accordance with paragraphs
203 and 206 of the National Planning Policy Framework.
The development shall not start until samples of the proposed walling and roofing materials have
been approved in writing by the Local Planning Authority and only the approved materials shall be
used.
Reason: To ensure that, in accordance with Cotswold District Local Plan Policy 42, the
development will be constructed of materials of a type, colour, texture and quality that will be
appropriate to the site and its surroundings.
The development shall not start until a sample panel of walling of at least one metre square in
size showing the proposed stone colour, coursing, bonding, treatment of corners, method of
pointing and mix and colour of mortar has been erected on the site and subsequently approved in
writing by the Local Planning Authority and the walls shall be constructed only in the same way as
the approved panel. The panel shall be retained on site until the completion of the development.
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Reason: To ensure that in accordance with Cotswold District Local Plan Policy 42, the
development will be constructed of materials of a type, colour, texture and quality and in a
manner appropriate to the site and its surroundings. Retention of the sample panel on site during
the work will help to ensure consistency.
All door and window frames shall be recessed a minimum of 75mm into the external walls of the
building.
Reason: To ensure the development is completed in a manner sympathetic to the site and
its
surroundings in accordance with Cotswold District Local Plan Policy 42.
No development shall commence until the design and details of the ***** , have been submitted to
and approved in writing by the Local Planning Authority.
The design and details shall be accompanied by drawings to a minimum scale of 1:5 with full size
moulding cross section profiles, elevations and sections. The development shall only be carried
out in accordance with the approved details and retained as such at all times.
Reason: To ensure the development is completed in a manner sympathetic to the site and
its
surroundings in accordance with Cotswold District Local Plan Policy 42.
Prior to the commencement of development, a full surface water drainage scheme shall be
submitted to and approved in writing by the Local Planning Authority. The scheme shall include
details of the size, position and construction of the drainage scheme and results of soakage tests
carried out at the site to demonstrate the infiltration rate. Three tests should be carried out for
each soakage pit as per BRE 365, with the lowest infiltration rate used for design. The details
shall include a management plan setting out the maintenance of the drainage asset. The
development shall be carried out in accordance with the approved details prior to the first
occupation of the development hereby approved and shall be maintained in accordance with the
management plan thereafter.
Reason: To ensure the proper provision for surface water drainage and/ or to ensure flooding is
not exacerbated in the locality in accordance with the Cotswold Strategic Flood Risk Assessment,
National Planning Policy Framework and Planning Policy Statement 25 Technical Guidance.
The internal noise levels to be achieved in bedrooms and living rooms in the dwellings hereby
approved, post construction, shall be 30 dBLAeq T (where T is 23:00 - 07:00) and 35 dBLAeq T
(where T is 07:00 - 23:00).
Reason: To protect the amenity of the locality, especially for people living and/or working nearby,
in accordance with Cotswold District Local Plan Policy 5 and The National Planning Policy
Framework.
Noise from individual external events typical to the area shall not exceed 4SdBLAmax when
measured in bedrooms and living rooms internally between 23:00 and 07:00, post construction.
Reason: To protect the amenity of the locality, especially for people living and/or working nearby,
in accordance with Cotswold District Local Plan Policy 5 and The National Planning Policy
Framework.
Noise levels in gardens and public open spaces should not exceed 55 dB LAeq t hour when
measured at any period (in accordance with the WHO figure contained in 858233/2014), unless
othenruise agreed in writing by the Local Planning Authority.
Reason: To protect the amenity of the locality, especially for people living and/or working nearby,
in accordance with Cotswold District Local Plan Policy 5 and The National Planning Policy
Framework.
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The hours of working on site during the period of construction shall be restricted to 0730 to 1800
hours Mondays to Fridays, 0800 to 1400 hours on Saturdays and no working shall take place on
Sundays or Public Holidays. The term 'working' shall, for purpose of clarification of this condition
include: the use of any plant or machinery (mechanical or other), the carrying our of any
maintenance/cleaning work on any plant or machinery, deliveries to the site and the movement of
construction vehicles within the curtilage of the site.
Reason: To protect the amenity of the locality, especially for people living and/or working nearby,
in accordance with Cotswold District Local Plan Policy 5 and The National Planning Policy
Framework.
All development works must be carried out in accordance with the recommendations in sections 6
of The Phase 1 and 2 Surveys produced by ecosupport dated August 2014. All proposed
mitigation and enhancements must be completed before the conversion of the existing building is
first brought into use and permanently maintained thereafter.
Reason: To ensure that bats and birds and their habitats are protected in accordance with The
Conservation of Habitats and Species Regulations 2010, the Wildlife and Countryside Act 1981
as amended, ln line with the National Planning Policy Framework (in particular section 11),
Cotswold District Local Plan Policy 9 and In order for the Council to comply with Part 3 of the
Natural Environment and Rural Communities Act 2006.
i) No development shall take place until a site investigation of the nature and extent of
contamination has been carried out in accordance with a methodology which has previously been
submitted to and approved in writing by the local planning authority. The results of the site
investigation shall be made available to the local planning authority before any development
begins. lf any significant contamination is found during the site investigation, a detailed
remediation scheme to bring the site to a condition suitable for the intended use by removing
unacceptable risks to human health, buildings and other property and the natural environment
has been submitted to and approved in writing by the Local Planning Authority. The scheme must
include all works to be undertaken, proposed remediation objectives and remediation criteria, an
appraisal of remedial options, and proposal of the preferred option(s), and a timetable of works
and site management procedures. The scheme must ensure that the site will not qualify as
contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the
intended use of the land after remediation.
ii) The Remediation Scheme, as agreed in writing by the Local Planning Authority, shall be fully
implemented in accordance with the approved timetable of works and before the development
hereby permitted is first occupied. Any variation to the scheme shall be agreed in writing with the
Local Planning Authority in advance of works being undertaken. On completion of the works the
developer shall submit to the Local Planning Authority written confirmation that all works were
completed in accordance with the agreed details.
lf, during the course of development, any contamination is found which has not been identified in
the site investigation, additional measures for the remediation of this contamination shall be
submitted to and approved in writing by the local planning authority. The remediation of the site
shall incorporate the approved additional measures.
Reason: To ensure any contamination of the site is identified and appropriately remediated in
accordance with the National Planning Policy Framework and Cotswold District Local Plan Policy
5.
The use hereby permitted shall not be open to customers outside the following times:
Monday to Saturday inclusive: 07:00 to 23:00 and,
Sundays: 07:00 to 23:00 if the opening hours are not restricted by the Sunday Trading Act 1994
or any other statutory instrument amending or replacing it.
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Reason: To protect the amenity of the locality, especially for people living and/or working nearby,
in accordance with Cotswold District Local Plan Policy 5 and the National Planning Policy
Framework.
Before the development commences a scheme shall be submitted to and agreed in writing by the
local planning authority which specifies the provisions to be made for the level of illumination of
the site and the control of light pollution including measures to control internal lighting when the
retail unit is not in operation. The scheme should be implemented and maintained in accordance
with the approved details unless otherwise agreed in writing by the local planning authority.
Reason: To prevent light pollution in accordance in accordance with Cotswold District Local Plan
Policy 5.
No deliveries shall be taken at or dispatched from the site outside the hours of 07:00 to 19:00
Monday to Saturday and 07:30 to 14:00 on Sunday, nor at any time on bank or public holidays.
Reason: To protect the amenity of the locality, especially for people living and/or working nearby,
in accordance with Cotswold District Local Plan Policy 5 and the National Planning
Framework.
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