Agenda item

Consideration was given to planning application 23/1490/FUL S H E House, Macklin Avenue, Cowpen Lane Industrial Estate, Billingham.

 

Planning permission was sought for the partial demolition and sub-division of existing building into 45no self-storage units (Use Class B8) and 4no employment units (Use Class B2/B8), erection of 4no employment buildings (Use Class B2/B8) and 36no starter units (Use Class B2/B8) with associated infrastructure including access and landscaping at an employment site known as SHE House in Macklin Avenue, Cowpen Lane Industrial Estate, Billingham.

 

The site was allocated in the local plan for employment uses under Policies SD4 and EG1(i) and therefore the principle of development for this use, in this location was acceptable.

 

The consultees that had been notified and the comments that had been received were detailed within the main report.

 

Neighbours were notified and the comments received were detailed within the main report.

 

The planning policies and material planning considerations that were relevant to the consideration of the application were contained within the main report.

 

The Planning Officers report concluded that the application be recommended for approval with conditions as detailed within the report.

 

Objectors attended the meeting and were given the opportunity to make representation. Their comments could be summarised as follows:

 

. Disappointed the applicant chose not to consult with their neighbours on the plans.

 

. The current plans were proposing overdevelopment of the site.

 

. Noise pollution had not been considered.

 

. Predictions in the traffic and noise survey were simply estimates and there was a high degree of uncertainty of the exact use of the industrial units. Should approval be given for B2 and B8 use, the units could be used for any general industrial, storage and / or distribution facilities.

 

. The proposed 36 starter units were packed in so tightly that the turning circles could only cater for small vehicles, therefore there would be an impact on noise disturbance from Heavy Goods Vehicles (HGVs) and forklift truck acoustic warning signs.

 

. The images in the design access statement were the most concerning which showed the units being used with open doors. This created more uncertainty regarding the noise assessment figures which would rely heavily on the sound reduction properties of the building fabric.

 

. The design of the proposed development seemed to be more appropriate with B1 use which would be in keeping with the office space currently to the rear of the site which was proposed to be demolished as part of the application.

 

. The requirement for noise monitoring equipment, which was conditioned, was appreciated, however, with the degree of uncertainty of noise that could come from the site, residents would have to rely on enforcement and mitigation measures after the fact which did not afford adequate protection for residents who would be left suffering the effects in the interim.

 

. We should work with the applicant to try and find a mutually agreeable solution.

 

. This authority had a duty to protect, and where possible enhance the health and wellbeing of residents and communities.

 

. The Planning Committee needed to be satisfied that the planning conditions were adequate and could be enforced.

 

. There had been previous experience that Stockton on Tees Borough Council had not enforced conditions that had been set in previous applications. As a result of this, it was stated that friends and family had suffered from horrendous noise pollution for a period of two years.

 

. A recent automated email response from the Planning Department indicated that priority was being given to determining planning applications and there could be delays in carrying out enforcement investigations. This did not fill the public with confidence or a realistic expectation that any failure to comply with planning conditions would be investigated and enforced within a reasonable timeframe.

 

. The condition around noise monitoring equipment was welcomed, however given the significant amount of industrial development in the surrounding areas and the risk of noise creep, residents would be grateful if the Committee would consider a target of 5 decibels below background noise levels for this application and any future development locally to adequately address the risk. This was already in use in other local authorities.

 

. It was not understood why the opening hours stated within the proposed conditions were extended beyond those stated in the planning application form. The Committee were asked to apply opening hours as stated on the submitted application form including bank holiday opening for the self-storage units.

 

The applicant attended the meeting and was given the opportunity to make representation. His comments could be summarised as follows:

 

. The site was allocated for employment / development and consistent with the uses that were currently on-site.

 

. The development presented a good opportunity to provide some smaller units that were independent businesses.

 

. The closest property was over 100 metres away and there was a significant amount of vegetation separating those properties and the application site.

 

. Regarding background noise levels the guidance for warehouse units was between 63 and 80 decibels and the applicant had assumed 80 decibels which also took into consideration peak HGV movements and external loading all taking place in units to the north which were closest to the residential properties. Considering all those worst-case scenarios, noise levels would still be considered acceptable.

 

. In terms of traffic impact, National Highways and Council Officers did not have any objections.

 

Officers were given the opportunity to respond to comments/issues raised. Their responses could be summarised as follows:

 

. There was no control over who the applicant consulted with prior to the application although Community Consultation was encouraged.

 

. In terms of overdevelopment, this had already been considered and the application did fit and did work.

 

. Noise assessments had been undertaken at a worst-case scenario and there were no objections from Environmental Health.

 

. Plan images were only indicative showing what the units could look like.

 

. The site was allocated for B2 and B8 use which accorded with the Local Plan.

 

. There was a condition included within the application regarding noise monitoring. If the required levels were not achieved a sound meter would be installed to allow for monitoring and secure additional mitigation.

 

. Conditions would be imposed and enforced.

 

. A cumulative noise assessment had been undertaken based on worst case scenario with all units occupied and operating and plant on the roof, which would be unlikely.

 

. Regarding previous noise concerns from a different site, those issues had been identified and could not have been predicted as impact was due to the materials that had been used and the subsequent vibration.

 

. In terms of opening hours, the applicant had proposed a time of 7:00 to 21:00 , which had been conditioned for the B2 units.

 

. The whole development had been assessed for HGV manoeuvres. HGVs would be able to access the site. In terms of units 19 to 37, HGVs would need to reverse into the site which was something that happened on other industrial estates; therefore, Highways Officers were content that the proposed site was fit for purpose.

 

. In terms of traffic movements because the site had an existing use, officers could only take account the additional traffic associated with the increase in gross floor area associated with the B2 and B8 which equated to 30 additional trips which was negligible.

 

. Environmental Health Officers had worked very hard with the developer. Noise mapping and predictions had been taken at the worst-case scenarios. Distances and uses had also been looked at very closely.

 

. If the applicant did not achieve what they had said they would there was a condition requesting very specific information.

 

Members were given the opportunity to ask questions / make comments. These could be summarised as follows:

 

. What would happen if there were noise complaints?

 

. How would the sound meter be monitored?

 

Officers were given the opportunity to respond to comments/issues raised. Their responses could be summarised as follows:

 

. The applicant would need to comply with the conditions and the information they had put in the modelling. If residents had an issue, Officers would be able to take direct noise monitoring from the boundary and then they would be able to look at who and what was causing the problem which would enable  the appropriate action to be taken.

 

. The sound meter would be installed at the request of the Local Planning Authority. It would not be a permanent monitoring situation.

 

A vote took place, and the application was approved.

 

RESOLVED that planning application 23/1490/FUL be approved subject to the following conditions and informatives;

 

01 Time Limit

The development hereby permitted shall be begun before the expiration of Three years from the date of this permission.

 

02 Approved Plans

The development hereby approved shall be in accordance with the following approved plan(s);

 

Plan Reference Number     Date Received

1426_100                 7 August 2023

JCM056 001            7 August 2023

JCM056 005            7 August 2023

JCM056 006            7 August 2023

JCM056JM010         7 August 2023

JCM056JM011         7 August 2023

JCM056JM012         7 August 2023

JCM056JM013         7 August 2023

JCM056JM014         7 August 2023

JCM056JM015         7 August 2023

JCM056JM016         7 August 2023

JCM056 JM017A     8 August 2023

JCM056JM018         7 August 2023

 

03 Materials

Prior to the completion of the foundations of the hereby approved development, details of the materials to be used in the construction of the external walls and roof of the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with these approved details.

 

04 Energy Efficiency

Prior to the erection of any buildings, an Energy Statement shall be submitted to and approved in writing by the Local Planning Authority. The statement shall identify the predicted energy consumption, the associated CO2 emissions and how the energy hierarchy has been applied to the development, including an investigation into the feasibility and viability of connection to decentralised energy networks for heat and power and the achievement of a “Very Good” BREEAM (or equivalent) rating for the scheme. The statement shall set out the feasibility and viability of achieving a minimum 10% reduction in CO2 emissions from the development, over and above current Building Regulations Part L requirements, or a minimum of 10% of the total predicted energy requirements of the development will be generated from renewable energy sources. Development shall be carried out thereafter in a manner that incorporates any feasible and viable measures identified.

 

05 Air Quality

Work shall be undertaken in accordance with the mitigation measures as detailed in the submitted Revised Air Quality Screening Assessment (NJD22-0239-001R/R3).

 

06 Noise

Work shall be undertaken and operated in accordance with the contents and mitigation measures of the noise impact assessments and addendums accompanying the application and the site shall not exceed the predicted noise levels.

 

Should noise levels exceed the levels specified in the submitted Noise Impact Assessment, a sound level meter should be installed at the site boundary (at the location indicated that will

 

achieve 43dB-45dB) in accordance with a timeframe to be agreed in writing with the local planning authority and the sound data should be made available to the local planning authority.

 

Should noise levels exceed the predicted noise levels, details of any additional mitigation and a programme for implementation shall be submitted and approved in writing by the local planning authority. Any remediation measures shall be fully installed within a time period to be agreed with the local planning authority and the noise measurements must be repeated and submitted to the local planning authority for approval in writing following the completion of the mitigation works. The mitigations shall remain in place for the lifetime of the development.

 

07 Ecology

Work Shall be undertaken in accordance with Section 6 (recommendations) of the submitted Ecological Appraisal (March 2023) by OS Ecology

 

08 Habitat and wildlife

As detailed in BS 3998:2010 Prior to work commencing, trees and its surroundings should be assessed for the presence of protected species, some of which are subject to season-specific legislation. Any works should be planned so as to limit their potential adverse impact on wildlife generally. The timing of works should take account of the seasonal cycles of the species of fauna and flora concerned (including the nesting habits of birds and the egg-laying habits of insects).

 

09 Biodiversity Net Gain

Notwithstanding the submitted plans, prior to the commencement of the new development hereby permitted (excluding demolition works) a Biodiversity Gain Plan shall be submitted for approval in writing by the Local Planning Authority. The Biodiversity Gain Plan must contain, information about the steps that will be taken to minimise any adverse effect of the development on the biodiversity of the onsite habitat, and the site's pre- and post-development biodiversity value, and how these gains will be incorporated within the landscaping details submitted as part of any reserved matters application. The works shall be implemented in accordance with the agreed details and any phasing programme. Such measures shall be retained thereafter for the lifetime of the development.

 

10 Ecology Survey

If work does not commence within 2 years from the date of the submitted ecology survey, a maximum of three months before works commencing on site a suitably qualified ecologist shall undertake a checking survey to ensure that no protected species or their habitat are present on site. The results of the survey shall be submitted and approved in writing by the local planning authority and identify any additional or revised mitigation measures required.

 

11 Construction Environmental Management Plan

No part of the development hereby approved shall commence until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning

 

Authority. The CEMP shall set out, as a minimum, site-specific measures to control and monitor impact arising in relation to noise and vibration, dust and air pollutants, land contamination, ecology. It shall also set out arrangements by which the developer shall maintain communication with businesses in the vicinity of the site, and by which the developer shall monitor and document compliance with the measures set out in the CEMP. The development shall be carried out in full accordance with the approved CEMP at all times.

 

12 Construction Traffic Management Plan

Within each phase, no development shall take place, until a Construction Traffic Management Plan has been submitted to, and approved in writing by, the local planning authority. The CTMP shall set out, as a minimum, site-specific measures to control and monitor impact arising in relation to:

- the site construction access(es)

- the parking of vehicles of site operatives and visitors.

- loading and unloading of plant and materials including any restrictions on delivery times.

 

- storage of plant and materials used in constructing the development.

 

- the erection and maintenance of security hoarding including decorative displays and facilities for public viewing,

 

- measures to be taken, including but not limited to wheel washing facilities and the use of mechanical road sweepers operating at regular intervals or as and when necessary, to avoid the deposit of mud, grit and dirt on the public highway by vehicles travelling to and from the site.

 

- measures to control and monitor the emission of dust and dirt during construction.

 

- a Site Waste Management Plan.

 

- details of the HGVs routing including any measures necessary to minimise the impact on other road users.

 

- measures to protect existing footpaths and verges; and

 

- a means of communication with local residents.

 

The approved Construction Traffic Management Plan shall be adhered to throughout the construction period.

 

13 Tree Protection

Notwithstanding the proposals detailed in the Design and Access Statement/ submitted plans no development shall commence until a Tree Protection Plan is approved in writing by the Local Planning Authority. This must be in close accordance with:

 

- BS5837:2012 Trees in relation to design, demolition and construction – Recommendations

 

- BS3998:2010 Tree Work – Recommendations

 

- NJUG Guidelines for The Planning, Installation and Maintenance Of Utility Apparatus In Proximity To Trees (Issue 2) - Operatives Handbook 19th November 2007

 

Any such scheme agreed in writing by the Local Planning Authority shall be implemented prior to any equipment, machinery or materials being brought to site for use in the development and be maintained until all the equipment, machinery or surplus materials connected with the development have been removed from the site.

 

14 Soft Landscape Management and Maintenance

Landscaping shall be undertaken in accordance with the Landscape Strategy (plan ref: 1426_100) and the development shall not be occupied until full details of proposed soft landscape management has been submitted to and approved in writing by the Local Planning Authority.

 

The soft landscape management plan shall include, long term design objectives, management responsibilities and maintenance schedules, replacement programme for all landscape areas including retained vegetation, (other than small privately owned domestic gardens), maintenance access routes to demonstrate operations can be undertaken from publicly accessible land, special measures relating to the time of year such as protected species and their habitat, management of trees within close proximity of private properties etc. This information shall be submitted to and approved in writing by the Local Planning Authority.

 

Any vegetation within a period of 5 years from the date of from the date of completion of the total works that is dying, damaged, diseased or in the opinion of the LPA is failing to thrive shall be replaced by the same species of a size at least equal to that of the adjacent successful planting in the next planting season.

 

Landscape maintenance shall be detailed for the initial 5-year establishment from date of completion of the total scheme regardless of any phased development period followed by a long- term management plan for a period of 20 years. The landscape management plan shall be carried out as approved.

 

15 Discharge of Surface Water

The development hereby approved shall not be commenced on site, until a scheme for 'the implementation, maintenance and management of a Sustainable Surface Water Drainage Scheme has first been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details, the scheme shall include but not be restricted to providing the following details.

 

I. Detailed design of the surface water management system

 

II. A build programme and timetable for the provision of the critical surface water drainage infrastructure.

 

III. A management plan detailing how surface water runoff from the site will be managed during the construction phase.

 

IV. Details of adoption responsibilities

 

16 Discharge of Surface Water

The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) & Drainage Strategy Report dated 27th March 2023. The mitigation measures shall be fully implemented prior to the occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any period as may subsequently be agreed, in writing, by the local planning authority.

 

17 Discharge of Surface Water

The building hereby approved shall not be brought into use until: -

 

I. Requisite elements of the approved surface water management scheme for the development, or any phase of the development are in place and fully operational to serve said building.

II. The drawings of all Suds features have been submitted and approved in writing by the Local Planning Authority, the drawings should highlight all site levels, including the 30year and 100year+cc flood levels and confirmation of storage capacity.

 

III. A Management and maintenance plan of the approved Surface Water Drainage scheme has been submitted and approved in writing by the Local Planning Authority, this should include the funding arrangements and cover the lifetime of the development.

 

18 Light Intrusion

Details of the external appearance of all new external lighting of the buildings, roads and car park areas, including colour and luminance shall be submitted to and agreed in writing with the Local Planning Authority before such lighting is erected. Any temporary or permanent lighting shall be arranged to ensure that lighting does not adversely affect the nearby residential properties. The lighting shall be installed in accordance with the agreed details and be in place prior to occupation.

 

19 Waste Collection

Each unit shall be provided with container for the storage and disposal of waste foods and other refuse from the premises. Those containers shall be constructed, maintained, and located so that access to them by vermin and unauthorised persons is prevented and arrangements shall be made for the regular lawful disposal of their contents.

 

20 Hours of operation

The hereby approved B2 units shall not operate outside the hours of 07:00-21:00Hrs Monday – Saturday and 08:00-14:00Hrs on Sunday and Bank Holidays.

 

21 Construction/ Demolition Noise

No construction/building works or deliveries associated with the construction phase of the development shall be carried out except between the hours of 8.00am and 6.00pm on Mondays to Fridays and between 9.00am and 1.00pm on Saturdays. There shall be no construction activity including demolition on Sundays or on Bank Holidays.

 

22 Unexpected Land Contamination

In the event that contamination is found at any time when carrying out the approved development that was not previously identified, works must be halted on that part of the site affected by the unexpected contamination, and it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken to the extent specified by the Local Planning Authority prior to resumption of the works. Following completion of measures identified in the approved remediation scheme, a verification report must be submitted in writing and approval by the Local Planning Authority.

 

INFORMATIVE OF REASON FOR PLANNING APPROVAL

 

Informative: Working Practices

The Local Planning Authority has worked in a positive and proactive manner and sought solutions to problems arising in dealing with the planning application by gaining additional information required to assess the scheme and by the identification and imposition of appropriate planning conditions.

 

 

Informative: Environmental Health

 

Smoke Control Zone: As the property is within a smoke control area the occupant is to comply with the following:

 

- Only burn authorised fuels- a list of these can be found on the following link http://smokecontrol.defra.gov.uk/fuels.php?country=e

 

- Certain types of coal and wood can be burnt in smoke control areas but these are only to be burnt on DEFRA approved appliances; a list of these can be found on the following link http://smokecontrol.defra.gov.uk/appliances.php?country=e

 

- The appliance is to be installed by an approved contractor and certificates of the work to be submitted to the Local Authority.

 

Grease trap: Any drainage system to the premises needs to be provided with a suitable grease trap in order to prevent discharge of grease into the public sewer and associated problems occurring. This is a requirement under the current Building Regulations, Approved Document Part H (H1).

 

Open burning: No waste products derived as a result of carrying out any business hereby approved shall be burned on the site. An Environmental permit from the Environment Agency for the keeping, handling and disposal of waste may be necessary.