9
The Committee received report ES/1096 of the Head of Planning and Coastal Management, which related to planning application DC/20/5252/VOC.
The application sought to vary condition 13 of planning permission C09/0584 which permitted the development of two-storey business units within Melton. Development of the site had been completed and was known as Riduna Park. Condition 13 restricted the use of the units across the whole site to (previous use class classifications) of B1, B2 or A2 and one unit being permitted to be an A3 cafe use.
The application originally sought to remove this restriction on use to enable all units to be able to be used within the new 'Commercial', Class E Use Class. Following concerns raised regarding the potential impact on Woodbridge Town Centre and in accordance with policy, a revised proposal was made to include up to a maximum of six units (excluding the existing cafe (Unit 1), East Suffolk House and units 7-9 (those currently occupied by East Suffolk Council)) to have a more flexible Class E use.
As the application site included land owned by East Suffolk Council the application was before the Committee for determination, in accordance with the Scheme of Delegation set out in the East Suffolk Council Constitution.
The Committee received a presentation from the Senior Planner, who was the case officer for the application.
The site's location was outlined, and the Committee was shown a map of the Riduna Park site detailing the location of the units excluded from the variation and the units the variation would apply to. The Senior Planner highlighted the spread of applicable units across the site, to allow for a degree of flexibility in locations.
The material planning considerations were summarised as the potential impact on Woodbridge town centre, residential amenity and parking.
The recommendation to approve the application was outlined.
The Chairman invited questions to the officers.
The Senior Planner advised that the response from the Highways Authority indicated that there would be no significant change in vehicle movements on Riduna Park as a result of the change of use class.
The Chairman invited Mr Aronson, agent for the applicant, to address the Committee.
Mr Aronson said that the amount of time taken for the application to reach this stage reflected the rigorous process from the applicant and officers to reach such a high standard and thanked officers for their constructive approach.
Mr Aronson explained that the application had been made ahead of the third national COVID-19 lockdown at a time when the demand for office space had slumped, as the applicant wanted to update the permitted uses on the site to comply with government policy on promoting the use of buildings for commercial purposes.
Mr Aronson advised that said that the variation of condition 13 would allow the applicant to deliver a business park with higher occupancy and would provide mixed commercial benefits. Mr Aronson said that the applicant acknowledged the possible impact on Woodbridge town centre and had sought professional advice on this matter. Mr Aronson said that the applicant remained of the view that Riduna Park's offer was different to that of Woodbridge town centre but acknowledged that without more commercial businesses occupying units on the site, this was difficult to prove.
Mr Aronson confirmed that the applicant was content with the compromise proposal made by officers as it would provide an improved commercial environment to keep Riduna Park sustainable without impacting on local amenity and Woodbridge town centre.
The Chairman invited questions to Mr Aronson.
Mr Aronson said the proposed change of use would not involve the intensification of use on the site and that the quantum of development would be unchanged.
Mr Aronson confirmed that the applicant had received a range of enquiries for vacant units on the site.
The Chairman invited the Committee to debate the application that was before it.
Several members of the Committee highlighted concerns about parking on Riduna Park, given the existing parking issues there, highlighting that parking spaces at the front of units should be used for parking and not for retail purposes such as was the case outside the existing cafe at unit 1.
The Planning Manager (Development Management) advised that the application before the Committee was to vary condition 13 of planning permission C09/0584 and that all other planning conditions from that extant consent would remain in place, including condition 10 which controlled the use of parking spaces. The Planning Manager explained that any occupier of a unit would need to apply for a separate variation of condition 10, as had been the case at unit 1.
In response to concerns raised during debate on the intensification of parking on the site, the Planning Manager highlighted that the change of use would impact on how the parking spaces would be used; rather than being used for the entirety of a working day by office workers there would be a more diverse and less intense use of parking spaces allocated to these units.
There being no further debate the Chairman sought a proposer and seconder for the recommendation to approve the application, as set out in the report.
On the proposition of Councillor Cooper, seconded by Councillor Hedgley it was by a unanimous vote
RESOLVED
That the variation of condition 13 be APPROVED to read as follows:
"The premises herein referred to, shall be used for purposes within Use Class E(c) and E(g) 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) (as amended) (or any Order revoking or re-enacting the said Order) with the exception of Unit 1 which shall be used for a purpose within Class E (b) and a maximum of six units (out of Units 2-6 and 10-27) at any one time which may be used for any purpose set out within Class E of the Schedule to the Town and Country Planning [Use Classes] Order 1987) (as amended) (or any Order revoking or re-enacting the said Order)
Reason: In order that the local planning authority may retain control over this site in the interests of amenity, the protection of the local environment and to ensure there would be no adverse impact on the vitality and viability of Woodbridge Town Centre subject to controlling conditions as previously imposed on the original application (and as amended since in subsequent applications).”
Conditions:
2. The scheme for the provision and implementation of surface water drainage shall be constructed and completed in accordance with drawing no. 612668/108 Rev P4 before occupation of any part of the development herein approved.
Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.
3. Details in respect of the adoption and maintenance of any surface water drainage features shall accord with details approved on 7th June 2013 unless otherwise approved in writing by the local planning authority.
Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site for the lifetime of the development.
4. The finished floor levels of the buildings herein approved shall be set between 2.84m AOD and 4.74m AOD as shown on drawing 1724/50H.
Reason: To ensure appropriate protection from flooding to the development and its occupants.
5. Flood proofing measures as detailed in paragraph 4.8 of Flood Risk Assessment SJC/612668/LSP shall be incorporated into the proposed development.
Reason: To minimise the damage to buildings in the event of flooding and enable a faster recovery once flood waters have subsided.
6. Details in respect of the Flood Evacuation Plan shall accord with details approved on 7th June 2013 unless otherwise approved in writing by the local planning authority.
Reason: To ensure appropriate measures are in place to give adequate warning to occupants of any impending flood event and how to leave the site safely.
7. Surface water from impermeable vehicle parking areas and service areas, shall be passed through a storm by-pass oil interceptor. It must be designed to receive flows of up to 50mm/hour from the connected area, with all flows up to 5mm/hour rainfall, passing through the interceptor and receiving a minimum 6 minutes retention in each interception chamber.
Reason: To prevent pollution of the water environment.
8. Details in respect of the means to prevent surface water discharge shall accord with details approved on 7th June 2013 and thereafter retained, unless otherwise approved in writing by the local planning authority.
Reason: To prevent hazards caused by flowing water or ice on the highway.
9. Details in respect of the Travel Plan shall accord with details approved on 7th June 2013 and thereafter adhered to, unless otherwise approved in writing by the local planning authority.
Reason: In the interests of sustainable development.
10. The use shall not commence until the area(s) within the site shown on Drawing Number 1724-50H for the purpose of loading, unloading, manoeuvring and parking of vehicles has been provided. Thereafter the area(s) shall be retained and used for no other purpose.
Reason: To ensure that sufficient space for the on site parking of vehicles is provided and maintained in order to ensure the provision of adequate on-site space for the parking and manoeuvring of vehicles where on-street parking and manoeuvring would be detrimental to highway safety to users of the highway.
11. At least 5% of all car parking spaces shall be a minimum of 3.3m wide and shall be retained and made available to persons with disabilities.
Reason: To provide suitable parking spaces for those with disabilities to gain access to the buildings/employment.
12. Details in respect of the Full Site Investigation and Remediation Strategy shall accord with details approved on 7th June 2013, unless otherwise approved in writing by the local planning authority.
Reason: To ensure adequate mitigation of the risks to human health identified in the MLM Environmental Phase 1 Desk Study Report (ref DMB/722106/R1 March 2009).
13. The premises herein referred to, shall be used for purposes within Use Class E(c) and E(g) 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) (as amended) (or any Order revoking or re-enacting the said Order) with the exception of Unit 1 which shall be used for a purpose within Class E (b) and a maximum of six units (out of Units 2-6 and 10-27) at any one time which may be used for any purpose set out within Class E of the Schedule to the Town and Country Planning [Use Classes] Order 1987) (as amended) (or any Order revoking or reenacting the said Order)
Reasons: In order that the local planning authority may retain control over this site in the interests of amenity, the protection of the local environment and to ensure there would be no adverse impact on the vitality and viability of Woodbridge Town Centre.
14. There shall be no activities, external storage or processes conducted outside any buildings.
Reason: In the interests of amenity and protection of the local environment.
15. Hours of working on the site shall be -
For East Suffolk House and Units 7-9: unrestricted hours.
For Unit 1 only:
Monday to Thursday 07.00-18.00 hours
Friday and Saturday 07.00-00.00 hours
Sundays 08.00-16.00 hours
Bank Holidays shall accord with the above opening hours.
For Units 2-3, 5-6, 10-16 and 18-27:
Monday to Friday - 07:00 until 19:00 hours
Saturdays - 08:00 until 16:00 hours
Sundays & Bank Holidays - none
For Unit 4 only:
Monday to Friday - 07:00 until 02:00 hours
Saturdays - 08:00 until 16:00 hours
Sundays and Bank Holidays - none
Unless otherwise agreed in writing with the Local Planning Authority.
For unit 17 only:
Monday to Friday - 07:00 until 22:00 hours
Saturdays - 08:00 until 16:00 hours
Sundays and Bank Holidays - none
Reason: In the interests of amenity and protection of the local environment.
16. Hours of deliveries to, and collections from the site shall be -
Monday to Friday - 07:00 until 19:00 hours
Saturdays 08:00 - until 14:00 hours
Sundays & Bank Holidays - none
Reason: In the interests of amenity and protection of the local environment
17. All extract ventilation installed in association with the Class A3 unit shall be vented via a filtered system, capable of preventing cooking odours, fumes, grease, dust, smoke and droplets from escaping the premises. Before the installation of such a system, the following details shall be submitted to the Local Planning Authority for approval:
i) The proposed filtration plant;
ii) Its ducted route through the building, and
iii) Its final discharge point 1 metre above roof level;
iv) Sound power levels of all fans, air-conditioning or other cooling equipment;
Only the approved scheme shall be implemented and shall be retained in the approved form thereafter.
Reason: In the interests of amenity and protection of the local environment.
18. Only the fixed plant approved by application DC/15/5085/DRC shall be installed and retained in its approved form thereafter. Prior to the installation of any further air conditioning, extract ventilation system, refrigeration equipment, and any other fixed plant, details of the equipment, its location, acoustic housing and any vibration isolation measures, together with the projected noise levels at the boundary of the property, shall be submitted to the Local Planning Authority and only approved plant shall be installed and retained in the approved form thereafter.
Reason: In the interests of amenity and the protection of the local environment.
19. No refrigerated containers shall be stored on the site
Reason: In the interests of amenity and protection of the local environment.
20. Full details of any floodlighting shall be submitted to the Local Planning Authority for approval and shall be provided and retained in that approved form thereafter.
Reason: To prevent and/or minimise light overspill and sky glow.
21. Proper facilities shall be provided for the storage and disposal of waste material. Such facilities should totally enclose and adequately protect all commercial waste from insect and rodent infestation.
Reason: In the interests of amenity and the protection of the local environment.
23. None of the existing trees or hedgerow on the northern and western site boundary(ies) shall be uprooted, felled, wilfully damaged or in any other way destroyed or removed without the prior written consent of the Local Planning Authority. Any trees or hedgerow removed, dying, being severely damaged or becoming seriously diseased within five years of the completion of the development shall be replaced during the first available planting season with trees and/or shrubs of a size and species which have previously been agreed in writing by the Local Planning Authority.
Reason: To safeguard the visual amenity provided by the trees and hedgerows.
24. The details approved in relation to protective fencing of trees and hedgerows shall be adhered to unless otherwise agreed in writing by the local planning authority.
Reason: To protect the trees/hedgerow during the course of development in the interest of visual amenity.
25. Details in respect of the Tree Protection Fencing, shall accord with details approved on 7th June 2013, unless otherwise approved in writing by the local planning authority.
Reason: To protect the trees/hedgerow during the course of development in the interest of visual amenity.
26. Details in respect of landscape works shall be as approved by applications DC/16/1067/DRC.
Reason: To ensure that there is a well laid out landscaping scheme in the interest of visual amenity.
27. Details in respect of hard landscape works shall be as approved by applications DC/16/4493/DRC and DC/17/2951/DRC.
Reason: To ensure that there is a well laid out landscaping scheme in the interest of visual amenity.
28. The approved scheme of landscaping in respect of each phase of the development shall be implemented not later than the first planting season following implementation of the phase to which it relates (or within a specific time scale agreed in writing with the local planning authority). Any plant material covered by the approved scheme shall be retained and maintained and any removed, dying or becoming seriously damaged or diseased within five years of planting shall be replaced within the first available planting season.
Reason: To ensure implementation of the landscaping scheme at an appropriate time in the interest of visual amenity.
29. The proposed acoustic fencing to the northern boundary as shown on drawing 1724/50H shall be carried out in accordance with details received on 6 September 2019
Reason: To provide acoustic screening to residential units to the north of the site from traffic using the turning head.
30. The materials shall accord with details approved on 16th August 2017, unless otherwise approved in writing by the local planning authority.
Reason: To ensure the satisfactory appearance of the development in the interest of visual amenity
32. Arrangements for the storage and collection of refuse shall fully accord with a scheme which shall have been submitted to and approved in writing by the Local Planning Authority, before the use is commenced.
Reason: In the interests of amenity and the protection of the local environment.
33. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended the General Permitted Development Amendment (No2) Order 2008) or any Order revoking or re-enacting the said Order] no development of any kind specified in Part 8, Classes A, C and D of Schedule 2 of the said Order shall be carried out unless otherwise agreed in writing with the Local Planning Authority. (Part 8, Classes A, C and D refers to extension, hardsurfaces or the deposit of waste).
Reason: In order that the local planning authority may retain control over this particular form of development in the interests of amenity and the protection of the local environment.
Informatives:
1. The Local Planning Authority has assessed the proposal against all material considerations including planning policies and any comments that may have been received. The planning application has been approved in accordance with the objectives of the National Planning Policy Framework and local plan to promote the delivery of sustainable development and to approach decision taking in a positive way.