Agenda item

The second application of the evening was introduced, planning application number 142146 for the removal of all existing buildings to be replaced by 13 no. new rural enterprise units for business use (Class E(g)/B2/B8), at Fosters Yard, Station Road, Langworth, Lincoln. The Committee heard that additional comments had been received from Internal Drainage Board on Drainage Strategy, read aloud as follows:

 

“The watercourse is Sudbrooke Beck and at this location it is a board maintained watercourse so anything within 9m of the top of the bank requires consent from the board. As stated in the original comments the board normally maintains the watercourse from the opposite side but periodic access from this side may be required. The building closest to the watercourse should be set back to provide access. Ultimately responsibility for the stability of the bank is with the site owner and it is in their interest to provide access should they required to under remedial work. Consent will also be need for the outfall.

 

The drainage strategy is generally acceptable, but I would point out that water levels in Sudbrook Beck are subject to high water levels backing up from Barlings Eau so the outfall will be surcharges reducing discharge at times. The comment about ground raising is a common issue, if a plot is raised it potentially acts as a dam and prevents overland flow going where it naturally goes. So the effect can be ponding in the adjacent sites and at worst flooding. Also raising the ground can locally affect the water table which again could cause ponding or soggy ground. It is something that you should always be aware of. In this case I have not visited the site but I think it is already raised so it may not be an issue, but you will need to assess it.” 

 

The Officer noted that there was currently access to the Beck and it was not considered reasonable or relevant to the merits of the application to impose a setback requested. There was a separate consent procedure in place that the applicants would need to engage with in connection with discharge to the Beck and due to distance to the bank. It was also highlighted to Members that there was a proposed amendment to condition 2 in the report, as read aloud. In addition to these comments, further comments had been received from Langworth Group Parish Council on amendments stating that “LGPC remained in favour, as per the previous application”.

 

The Chairman noted there had been two statements submitted to be read aloud to the Committee. The Democratic Services Officer read aloud the following statement, on behalf of Mr Oliver Fytche-Taylor, agent for the applicant.

 

“Dear Chairman,

 

Thank you for the opportunity to address the committee. We would like to send our apologies for not being present in person to deliver this statement to you.

 

This application site has been a location for continuous employment and industrial uses as far back as planning records show. Historic mapping indicates the land as a ‘yard’ or depot at least since the early 1970’s, and locally it is believed to have been in continuous industrial uses for over sixty years. Since that time, the village of Langworth has continued to grow in terms of housing. But, like many of our rural communities, employment opportunities in the immediate vicinity have sadly reduced, along with some of the village’s amenities such as the post office.

 

Currently, Fosters Yard is not subject to planning controls in terms of vehicle movements, noise or hours of operation.  It is also known that the local area has historically experienced instances of surface water flooding, particularly following prolonged periods of rainfall. Understandably this matter has been the focus of some of the consultation responses. It has been given serious attention within the planning application too. 

 

As the officer’s report and the formal consultation responses from the statutory consultees confirm, the redevelopment of the site offers a realistic opportunity for significant betterment – not only in terms of installing a permanent solution to mitigate the site’s flood risk, but also to ensure that this will be properly managed in future for the lifetime of the development.

 

Of course, the most significant advantage that the redevelopment offers is additional employment opportunities. As an entrepreneurial Council focused on delivering sustainable growth throughout the district, including in its rural communities, the Council’s positive engagement on this planning application, and the Officers recommendation for approval, are both warmly welcomed. 

 

As many residents have said, including the Parish Council, the creation of new employment opportunities and improving the visual appearance of the site are exactly what is needed at Fosters Yard. Again, in some cases that support is related to the need to also address surface water flooding and noise concerns - and in both cases additional measures have been designed and incorporated into the development to address these concerns in full.

 

As a result, there are no objections from any statutory consultees.

As Members will have seen from the photos submitted with the planning application, at present the site is not a suitable environment for businesses wanting to grow or invest. 

 

None of the existing buildings have even the most basic commodities, such as staff toilets. The units are unheated, and much of the work is carried out in the open.  Overall, the site has a harmful visual impact. Furthermore there is no proper drainage within the site, and absolutely no screening or planting to protect neighbouring properties from noise or other disturbances. 

 

This planning application would address these concerns and deliver a relatively modest, but significantly improved, rural employment site. It is designed to suit and appeal to smaller independent businesses and support new start-ups in a way that the larger, edge of town industrial sites don’t generally cater for.

 

It is fully recognised that one of the closest properties is an objector to these proposals (the other closest resident fully supports). They have submitted several responses and repeatedly describe the application as a ‘proposed industrial estate’.  This could give the impression that the application seeks to change the use of the land – it clearly does not and Fosters Yard has been in industrial use and a source for local jobs for many years. 

 

The existing businesses will remain at Fosters Yard and have purpose-built units within the new development.  This will mean they can continue to operate in a much more suitable, safer and professional environment.

 

In its present condition the site cannot realistically sustain business uses without the significant investment proposed by the applicants. Left unchanged, this site would eventually result in the loss of rural jobs, rather than help sustain and create them.

 

It is also relevant that the neighbouring dwelling that objects to this proposal is the same property that only exists because of the industrial site.

 

Their property gained planning permission in 1998 (at which point the land had already been industrial uses for 40+ years) and was only permitted because of an occupancy restriction tying the property to the industrial land. It was built to serve workers at the site, but an application to remove that occupancy tie was granted by WLDC in February 2019.

 

The impact of noise and the uncontrolled impact of vehicle movements from Fosters Yard – both at that time and in future - was therefore considered by WLDC just over 2 years ago and deemed acceptable.  The objectors therefore know that Fosters Yard is already an operational industrial site.

 

Despite the objection, the applicants recognised these concerns and the plans before committee tonight contain numerous improvements requested by the Officer to address the neighbour’s concerns. These include changes to the roofline and scale of the building, moving the acoustic fencing as far away from the boundary as practicable and new landscaping. 

 

As the officer confirms in their report, the proposed development is acceptable in planning terms. It meets local and national planning policy requirements. There are no objections from statutory consultees and a good level of local support is in place locally, including from the Parish Council.  The applicant’s investment in this site will transform Fosters Yard permanently, for the better.

 

We hope that the committee upholds your Officers recommendation so that this badly needed improvement work is granted permission to proceed without delay.

 

Thank you.”

 

The Democratic Services Officer then read aloud a statement provided by Mr and Mrs Hatton, objectors to the application.

 

“Dear Sirs

 

We refer to the resubmission of the above planning application and wish to object in the strongest for the reasons outlined below.

 

We would wish to reiterate our concerns in respect of noise and fume pollution, loss of light and intrusion in our privacy.  There is insufficient visibility splay for vehicles leaving the site as you cannot see our entrance due to the angle and setback which will be dangerous for us as we exit our property.

 

Our concerns that the proposed industrial estate and considerable increase in commercial activities will have substantial negative impact on the residential amenity of our property and the potential to cause significant harm.  The proposal is not compatible with neighbouring domestic land uses including noise, fume pollution, overbearing, loss of light and intrusion into our privacy. We are very concerned as to the increase in large commercial heavy goods vehicles passing within close proximity of our property is likely to have structural impact on our property from vibration.

 

The general wider area is "residential" in planning use and the proposed enterprise park is in stark contrast to this.

 

Health and Safety - We are deeply concerned as to the health, safety and wellbeing when considering the significant increase in the number of vehicles movements, both cars and lorries, which will pass within close proximity to the bungalow and immediately across the front of our access. The A158 is an extremely busy road and we regularly struggle to exit our property. The proposal which provides for 80 plus parking spaces, together with lorry deliveries and the alike would make it almost impossible for us to exit our property. There is a high possibility that vehicles will be sitting, with engines running every day of the week, immediately adjacent and within a few metres of our garden and patio areas. The noise, vibration and exhaust fumes from lorries and cars within feet of our gardens are of a great concern, as is the safety of our family and friends and in particular our grandchildren playing in our gardens. Visibility, as you exit our drive, is currently limited but the proposals presented would make the situation quite dangerous for us.

Visual Amenity

 

The siting of the proposed refuse bins which are virtually outside of ours and next doors fence line, which we feel is not only an attractant for odour and mess but also will attract vermin, however, after discussion Miss Truelove has agreed to see if the bin store can be repositioned.

 

Another issue to raise is the removal of top water that accumulates and floods part of our garden – is this being addressed?

 

Confirmation is needed as to what degree the landscaping between the rear of our property and with unit 13 – will this be mature trees or shrubs etc?  Mature trees preferable to disguise buildings

 

Confirmation needed with regards to either the possibility of either speed ramps or similar as both the volume of traffic will increase and vibration noise drastically

 

What restrictions are being put in place with regards to working days/opening hours of business as this is a big concern due to the increase of traffic movement

 

The intensity of the proposal means it is no longer a small, localised commercial yard with little associated vehicle movement, but becomes an intensive commercial industrial estate which would be detrimental not just on our own residential amenities but those in the surrounding area.

 

The impact of light pollution, noise and vibration of heavy goods vehicles associated with the increased activity of the yard will have a very significant and detrimental impact on wellbeing and amenity of our home and lives and we therefore formally request this application together with this objection be presented to the full committee.”

 

 

Note:              Councillor I. Fleetwood declared he was County Councillor for Langworth, and a Member of the Witham Third Drainage Board, but had had no prior involvement in the application.

 

With no further comments from the Officer, the Chairman invited comments from Members of the Committee. There was overall support for the site, with comparisons made to similar ventures in other areas of the district that had proven successful. Consideration was given to the objections raised against the proposal, however on balance it was felt that the benefits to the local area, such as improvements to flood drainage, and merits of the application were to be supported. Members did raise concerns regarding the siting of the bins and the Officer stated that an additional condition could be included regarding this.

 

Having confirmed that the recommendation included the amended condition two and the additional condition regarding the bins, the proposal was moved, seconded and taken to the vote. It was unanimously agreed that permission be GRANTED subject to the following conditions.

 

Additional Condition

Notwithstanding the details shown on Drawing No. TL069-SP-08 the location of the area labelled “Bins” is not approved which shall be subject to the submission of additional details for the written approval of the local planning authority. The approved details shall be implemented in full prior to the occupation of the hereby approved units.

 

Reason: to minimise noise and disturbance to neighbours in accordance with policy LP26 of the Central Lincolnshire Local Plan

 

Conditions stating the time by which the development must be commenced:

 

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

 

Reason: To conform with Section 91 (1) of the Town and Country Planning Act 1990 (as amended).

 

2. No development shall take place until a scheme for the disposal of foul and surface waters has been submitted to and approved in writing by the Local Planning Authority. This must include consideration of the effects of raising existing ground levels to the levels specified in condition 5 specifically in relation to the impact of overland flows and must also provide details of how the scheme shall be maintained and managed over the lifetime of the development, including any arrangements for adoption by any public body or Statutory Undertaker and any other arrangements required to secure the operation of the drainage system throughout its lifetime. The development shall be carried out in accordance with the approved details which must be in place prior to occupation of the units.

 

Reason: To ensure that the permitted development is adequately drained without creating or increasing flood risk to land or property adjacent to, or downstream of, the permitted development and to avoid water pollution in accordance with Policy LP14 of the Central Lincolnshire Local Plan.

 

3. No development shall take place until the further investigation recommended by the geo environmental ground investigation report dated March 2021 has taken place and a method statement for the whole site has been submitted to and approved in writing by the Local Planning Authority.

Upon completion of the works, this condition shall not be discharged until a closure report has been submitted to and approved by the LPA. The closure report shall include details of the proposed remediation works and quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the closure report together with the necessary documentation detailing what waste materials have been removed from the site.

 

Reason: In order to safeguard human health and the water environment and identify potential contamination on-site and the potential for off-site migration to accord with the National Planning Policy Framework and policy LP14 and LP16 of the Central Lincolnshire Local Plan 2012-2036.

 

Conditions which apply or are to be observed during the course of the development:

 

4. With the exception of the detailed matters referred to by the conditions of this consent, the development hereby approved shall be carried out in accordance with the following drawings:

 Site Plan New Units TL069-SP-08 Rev I

 Floor Plan and Front Elevation New Units (1) TL069-FP-NU1-01 Rev E

 Floor Plan and Front Elevation New Units (2) TL069-FP-NU2-01 Rev D

 Floor Plan and Front Elevation New Units (3) AJB TL069-FP-NU3-01 Rev B

 Floor Plan and Front Elevation New Units (4) Shane Bodyworks TL069-FP-NU4-01 Rev D

 

The works shall be carried out in accordance with the details shown on the approved plans and in any other approved documents forming part of the application.

 

Reason: To ensure the development proceeds in accordance with the approved plans in the interests of proper planning.

 

5. The development shall be carried out in accordance with the submitted flood risk assessment dated July 2020 and the following mitigation measures it details:

Finished floor levels shall be set no lower than 7.45 metres above Ordnance Datum (AOD).

Flood resilience and resistance measures shall be incorporated as stated in the FRA.

 

Reason: To reduce the risk of flooding to the proposed development and future occupants. These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.

 

6. The development shall be carried out in accordance with the Construction Management Plan and the Demolition Method Statement with the hours of operation limited to between 0730 hours and 1800 hours on each day Monday through to Saturday with no operations on Sundays.

 

Reason: To minimise noise and disturbance to neighbours in accordance with policy LP26 of the Central Lincolnshire Local Plan.

 

Conditions which apply or relate to matters which are to be observed following completion of the development:

 

7. Prior to occupation of the hereby approved units a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority.

The details shall include:

1. Planting plans;

2. Written specifications including cultivation and other operations associated with plant and grass establishment:

3. Schedules of plants, noting species, plant sizes and proposed numbers/densities

4. Tree pits including root protection details;

 

The approved details shall be implemented in full following completion of development or occupation of the units whichever is the sooner and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation.

 

Reason: In the interests of visual amenity to ensure the approved development provides satisfactory soft landscaped areas to break up the mass of what would otherwise be a large expanse of hard surfaced areas and buildings to accord with LP26 of the Central Lincolnshire Local Plan.

 

8. Prior to occupation of the units’ details of the acoustic fencing shown on “Site Plan New Units TL069-SP-08 Rev I” shall be submitted to and approved in writing by the local planning authority. The details approved shall be implemented prior to occupation. Details of the treatment of all boundaries beyond the acoustic fencing shall also be submitted for written approval and subsequent implementation in accordance with the details approved prior to occupation.

 

Reason: This was the basis upon which the findings of the Noise Impact Assessment were prepared and in the interests of residential and visual amenity in accordance with Policy LP26 of the Central Lincolnshire Local Plan.

 

9. Prior to occupation of the hereby approved units’ details of the external lighting (to include a light spill diagram), including proposed hours of illumination, shall be submitted to and approved in writing by the local planning authority. It shall thereafter be carried out in accordance with the details approved.

 

Reason: To avoid excessive illumination impacting harmfully on neighbours in accordance with policy LP26 of the Central Lincolnshire Local Plan.

 

10. The use of the units and wider site shall be restricted to between 0730 hours and 1800 hours each day, Monday through to Saturday with no use on Sundays.

 

Reason: This was the basis upon which the findings of the Noise Impact Assessment were prepared and in accordance with Policy LP26 of the Central Lincolnshire Local Plan.

 

11. Notwithstanding the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) external plant is prohibited on the site until details have been submitted to and approved in writing by the Local Planning Authority. The details submitted shall demonstrate compliance with the recommendations of the Noise Impact Assessment.

 

Reason: This was the basis upon which the findings of the Noise Impact Assessment were prepared