Agenda item

Application for determination:-

 

Construction of a distribution warehouse with associated offices, parking, sustainable drainage and new access off Marconi Drive  at Jessop Court, Quedgeley.

The Principal Planning Officer presented the report which detailed an application for the construction of a distribution warehouse with associated offices, parking, sustainable drainage and new access off Marconi Drive at Jessop Court, Quedgeley.

 

She drew Members’ attention to the late material which contained the views of the Highway Authority and an amended recommendation by the Planning technical Manager together with revised conditions.

 

Mr Russell Price, on behalf of the applicant, addressed the Committee in support of the application.

 

The Chair moved and the Vice-Chair seconded that planning permission be granted in accordance with the recommendation of the Planning technical Officer contained in the late material.

 

RESOLVED that planning permission be granted subject to the following conditions:-

Condition 1

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

 

Reason

Required to be imposed by Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition 2

The development hereby permitted shall be carried out in accordance with the application form, and drawing numbers 5067-01, 03c, 04b, 05b, 06b, 07b, 09b and 12 except where these may be modified by any other conditions attached to this permission.

 

Reason

To ensure that the development is carried out in accordance with the approved plans.

 

Condition 3

Notwithstanding the submitted drawings, no development above DPC level shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of all boundary treatments to be erected.  The boundary treatment shall be completed in accordance with a timetable to be agreed in writing with the Local Planning Authority.  Development shall be carried out in accordance with the approved details and thereafter maintained in a suitable condition.

 

Reason

In the interests of visual amenity of the area in accordance with Policy SD4 of the adopted Joint Core Strategy (2017).

 

Condition 4

No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall:

i.              specify the type and number of vehicles;

ii.            provide for the parking of vehicles of site operatives and visitors;

iii.           provide for the loading and unloading of plant and materials;

iv.           provide for the storage of plant and materials used in constructing the development;

v.            provide for wheel washing facilities;

vi.           specify the intended hours of construction operations (including demolition and preparatory groundworks)

vii.          specify measures to control the emission of dust and dirt during construction.

 

Reason

To ensure that appropriate measures are in place prior to the commencement of development to reduce the potential impact on the public highway and accommodate the efficient delivery of goods and supplies in accordance with the National Planning Policy Framework and to safeguard residential amenity and prevent pollution in accordance with Policies INF1 and SD14 of the Gloucester, Cheltenham and Tewkesbury Joint Core Strategy (Adopted December 2017) and paragraph 35 of the National Planning Policy Framework.

 

Condition 5

(a)       No development shall commence until an assessment of the risks posed by any ground gases or vapours has been submitted to and approved in writing by the Local Planning Authority.  Such an assessment shall be carried out in accordance with current UK guidance and best practice.

(b)       Where the approved risk assessment (required by condition (a) above) identifies ground gases or vapours posing unacceptable risks, no development shall commence until a detailed remediation scheme to protect the development from the effects of such ground gases or vapours has been submitted to and approved in writing by the Local Planning Authority. Following approval, such remediation scheme shall be implemented on site in complete accordance with approved details unless otherwise agreed in writing by the Local Planning Authority.

(c)        Following implementation and completion of the approved remediation scheme (required by condition (b) above) and prior to the first occupation of the development, a verification report shall be completed in accordance with current UK guidance and best practice, and submitted to and approved in writing by the Local Planning Authority to confirm completion of the remediation scheme in accordance with approved details.

(d)       No development shall commence until a long term monitoring and maintenance scheme (to include monitoring the long-term effectiveness of the remediation and reporting on the same), where required, has been submitted to and approved by the Local Planning Authority. The approved scheme must be carried out in accordance with its terms, recommendations and time tables. All further reports produced shall be submitted to and approved in writing by the Local Planning Authority, and then carried out in accordance with its terms, recommendations and time tables.

Reason

To ensure that appropriate measures are in place prior to the commencement of any works to ensure that the risk to buildings and their occupants from potential landfill or ground gases are adequately addressed in accordance with Policy SD14 of the adopted Joint Core Strategy (2017).

 

Condition 6

Notwithstanding the submitted drawings no development works above DPC level shall take place until details or samples of materials to be used externally on walls, roofs, windows and external doors, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

Reason

To ensure a satisfactory appearance of the development in accordance with Policy SD4 of the Gloucester, Cheltenham and Tewkesbury Joint Core Strategy (Adopted December 2017).

 

Condition 7

Where premises are used for B2 uses, all factory doors shall remain closed between 23:00 and 07:00 hours.

 

Reason

To protect the amenity of local residents in accordance with Policy SD14 of the Gloucester, Cheltenham and Tewkesbury Joint Core Strategy (Adopted December 2017).

 

Condition 8

Where premises are used for B2 uses, the loading and unloading of services and delivery vehicles together with their arrival and departure from the site shall not take place between the hours of 23:00 and 07:00 hours.

 

Reason

To protect the amenity of local residents in accordance with Policy SD14 of the Gloucester, Cheltenham and Tewkesbury Joint Core Strategy (Adopted December 2017).

 

Condition 9

Where premises are used for B2 uses, there shall be no forklift movements on the external areas of site between the hours of 23:00hrs and 07:00hrs.

 

Reason

To protect the amenity of local residents in accordance with Policy SD14 of the Gloucester, Cheltenham and Tewkesbury Joint Core Strategy (Adopted December 2017).

 

Condition 10

Prior to the first use or occupation of the approved development the proposed drainage and SUDs scheme shall be completed in accordance with the details set out in the Flood Risk Assessment and Drainage Strategy prepared by Cambria (Report reference CB1717-CAM-00-XX-RP-G-0760-03), dated December 2017. The approved scheme shall be maintained thereafter in accordance with the approved details for the lifetime of the development.

 

Reason

To ensure the development is provided with a satisfactory means of drainage and thereby preventing the risk of flooding and to minimise the risk of pollution in accordance with sustainable objectives of Gloucester City Council and Central Government and policy INF2 of the adopted Joint Core Strategy.

 

Condition 11

The development hereby permitted shall be carried out in strict accordance with a scheme for foul water drainage arrangements which has first been submitted to and approved in writing by the Local Planning Authority. 

 

 

Reason

In order to ensure that satisfactory drainage arrangements are provided in accordance with policy INF 2 of the Gloucester, Cheltenham and Tewkesbury Joint Core Strategy (Adopted December 2017).

 

Condition 12

No structures (including gates, walls and fences), storage of materials or products or raised ground levels shall be installed or constructed within the 8 metres of the watercourse (measured from the top of the bank to each side of the watercourse).

 

Reason

To ensure flood risk is not increased as a result of the development, to provide a ‘green corridor’, and to facilitate maintenance of the brook.

 

Condition 13

The development shall not be occupied until a lighting scheme has been submitted to and approved in writing by the Local Planning Authority The lighting scheme shall include details of any lighting and external luminaries including measures to control light spillage onto the wooded corridor of the Dimore Brook as laid out in section 5.2.1, Lighting for Bats of the Ecological Assessment, dated 12/2017, prepared by Pure Ecology.

 

The lighting scheme shall include aims and objectives; information to demonstrate how the number and wattage of lighting will be kept to a minimum; details of how lighting will be controlled temporally e.g. timers, PIRs and avoid use of broad spectrum light emissions: details of how light spill will be reduced, for example low level illumination, cowling, planting schemes to screen spill, lights angled so as not to emit at greater than 70 degrees; ensuring dark zone/s; scale drawings showing the number, location, type and wattage of lighting proposed.  The development hereby permitted shall be carried out and thereafter maintained in accordance with the approved details.

No further lighting shall be thereafter installed.

Reason

In the interest of good design and to secure biodiversity mitigation and enhancement in accordance with Policies SD4 and SD9 of the Gloucester, Cheltenham and Tewkesbury Joint Core Strategy (Adopted December 2017).

 

Condition 14

No demolition, tree or shrub removal or clearance works shall take place between 1st March and 31st August inclusive unless a survey (by a suitably qualified ecologist) to assess the nesting bird activity on the site during this period and a scheme to protect the nesting bird interest on the site have first been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with any such scheme so approved.

 

Reason

To secure biodiversity mitigation and enhancement in accordance Policy SD9 of the Gloucester, Cheltenham and Tewkesbury Joint Core Strategy (Adopted December 2017).

 

Condition 15

Biodiversity enhancements for bats and birds, in accordance with the Landscape and Ecology Plan, drawing 5067-09b, dated 01/12/2017 prepared by Collins, shall be implemented prior to the beneficial occupation of the development and shall be maintained thereafter for biodiversity interest.

 

Reason

To secure biodiversity mitigation and enhancement in accordance with Policy SD9 of the Gloucester, Cheltenham and Tewkesbury Joint Core Strategy (Adopted December 2017).

 

Condition 16

No development above DPC level shall take place until a landscape plan has been submitted to and approved in writing by the Local Planning Authority. The submitted design shall include scaled drawings and a written specification clearly describing the species, sizes, densities and planting numbers. Drawings must include accurate details of all existing trees and hedgerows with their location, species, size, condition, any proposed tree surgery and an indication of which are to be retained and which are to be removed. The submitted plan shall also include the following:

 

a)         Details of the proposed trees, wildflower mix, hedge, shrubs and ground cover.

b)         A phased implementation programme.

c)         A management plan for the vegetation along the brook and the hedgerow.

d)         Details of tree planting pits

e)         Details of measures to protect the proposed trees from vehicles.

Reason

To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment in accordance with Policies SD4 and SD9 of the Gloucester, Cheltenham and Tewkesbury Joint Core Strategy (Adopted December 2017).

 

 

Condition 17

The landscaping scheme approved under condition above shall be carried out concurrently with the development hereby permitted and shall be completed no later than the first planting season following the completion of the development.  The planting shall be maintained for a period of 5 years.  During this time any trees, shrubs or other plants which are removed, die, or are seriously retarded shall be replaced during the next planting season withothers of similar size and species unless the local planning authority gives written consent to any variation.  If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5 year maintenance period.

 

Reason

To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment in accordance with Policies SD4 and SD9 of the Gloucester, Cheltenham and Tewkesbury Joint Core Strategy (Adopted December 2017).

 

Condition 18

Prior to occupation of the proposed development hereby permitted the vehicular accesses shall be laid out and constructed in accordance with the submitted plan drawing no’s. 5067-12 & CAM 00 00 GA C0651 with the first 20m of the proposed access road, including the junction with the existing public road and associated visibility splays completed to at least binder course level.

 

Reason

To minimise hazards and inconvenience for users of the development by ensuring that there is a safe, suitable and secure means of access for all people that minimises the scope for conflict between traffic and cyclists and pedestrians.

 

Condition 19

The vehicular Marconi Drive access hereby permitted shall not be brought into use until the existing roadside frontage boundaries have been set back to provide visibility splays extending from a point 2.4m back along the centre of the access measured from the public road carriageway edge (the X point) to a point on the nearer carriageway edge of the public road 54m distance in both directions (the Y points). The area between those splays and the carriageway shall be reduced in level and thereafter maintained so as to provide clear visibility between 1.05m and 2.0m at the X point and between 0.26m and 2.0m at the Y point above the adjacent carriageway level.

 

Reason

To avoid an unacceptable impact on highway safety by ensuring that adequate visibility is provided and maintained to ensure that a safe, suitable and secure means of access for all people that minimises the scope for conflict between traffic and cyclists and pedestrians is provided in accordance with paragraphs 108 and 110 of the National Planning Policy Framework.

 

Condition 20

The building(s) hereby permitted shall not be occupied until the parking, turning and loading/unloading facilities have been provided in accordance with the submitted plan drawing no. 5067-03c, and those facilities shall be maintained available for those purposes thereafter.

 

Reason

To ensure that a safe, suitable and secure means of access for all people that minimises the scope for conflict between traffic and cyclists and pedestrians is provided in accordance with the paragraphs 108 and 110 of the National Planning Policy Framework.

 

Condition 21

The building(s) hereby permitted shall not be occupied until the parking, turning and loading/unloading facilities have been provided in accordance with the submitted plan drawing no. 5067-03b, and those facilities shall be maintained available for those purposes thereafter.

 

Reason

To ensure that a safe, suitable and secure means of access for all people that minimises the scope for conflict between traffic and cyclists and pedestrians is provided in accordance with the paragraphs 108 and 110 of the National Planning Policy Framework.

 

Condition 22

The development hereby permitted shall not be occupied until the cycle storage facilities for a minimum of 20 no. bicycles have been made available for use and those facilities shall be maintained for the duration of the development.

 

Reason

To give priority to cycle movements by ensuring that adequate cycle parking is provided, to promote cycle use and to ensure that the appropriate opportunities for sustainable transport modes have been taken up in accordance with paragraph 108 of the National Planning Policy Framework.

 

Condition 23

Notwithstanding the submitted details, the development hereby permitted shall not be occupied until a demarcated pedestrian crossing point linking from the site entrance to the main pedestrian building entrance has been provided and made available for use and shall be maintained for the duration of the development thereafter.

 

Reason

To ensure safe and suitable access to the site can be achieved for all users; to give priority to pedestrians and to address the needs of people with disabilities in accordance with paragraphs 108 and 110 of the National Planning Policy Framework.

 

Condition 24

Notwithstanding the submitted details, the development hereby permitted shall not be occupied until a delineated at grade pedestrian corridor with a minimum width of 1.2m from the proposed parking bays linking to the main pedestrian entrance has been provided and made available for use and shall be maintained for the duration of the development thereafter.

 

Reason

To ensure safe and suitable access to the site can be achieved for all users; to give priority to pedestrians and to address the needs of people with disabilities in accordance with paragraphs 108 and 110 of the National Planning Policy Framework.

 

Condition 25

The approved Travel Plan shall be implemented in accordance with the details and timetable therein, and shall be continued thereafter, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason

The development will generate a significant amount of movement and to ensure that the appropriate opportunities to promote sustainable transport modes are taken up in accordance with paragraphs 108 and 111 of the National Planning Policy Framework.

 

Note 1

Landfill and Ground Gases FURTHER INFORMATION FOR APPLICANT

Validation Requirements

Validation of the installation of gas protection measures must be completed in accordance with current guidance and best practice, namely comprise BS8485:2015 “Code of practice for the design of protection measures for methane and carbon dioxide ground gases for new buildings” and CIRIA C735 “Good practice on the testing and verification of protection systems for buildings against hazardous ground gases”

Typically the following is required, as a minimum:

A formal technical specification of the membrane installed and confirmation of appropriate installation by a suitably qualified and independent third party such as:

•           a validation report from an experienced geo-environmental consultant including details of a visual inspection of the installed membrane and a photographic record  and/or;

•           a validation report from LA Building Control or NHBC inspector or registered membrane installer including details of a visual inspection of the installed membrane and a photographic record.

 

Note 2

Your attention is drawn to the requirements of the Building Regulations, which must be obtained as a separate consent to this planning decision.  You are advised to contact the Gloucestershire Building Control Partnership on 01453 754871 for further information.

 

Note 3

Your attention is drawn to the Party Wall Act 1996. The Act will apply where work is to be carried out on the following:

•           Work on an existing wall or structure shared with another property.

•           Building a free standing wall or a wall of a building up to or astride the boundary with a neighbouring property.

•           Excavating near a neighbouring building.

 

The legal requirements of this Act lies with the building/ site owner, they must find out whether the works subject of this planning permission falls within the terms of the Party Wall Act. There are no requirements or duty on the part of the local authority in such matters. Further information can be obtained from the DETR publication The Party Wall Act 1996 – explanatory booklet.

Note 4

In accordance with the requirements of the NPPF the Local Planning Authority has sought to determine the application in a positive and proactive manner by offering pre-application advice, publishing guidance to assist the applicant, and publishing to the council's website relevant information received during the consideration of the application thus enabling the applicant to be kept informed as to how the case was proceeding.

 

Note 5

Severn Trent Water advises that there is a public sewer located within this site. Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent. You are advised to contact Severn Trent Water to discuss the proposals. Severn Trent will seek to assist in obtaining a solution which protects both the public sewer and the building. Please note, when submitting a Building Regulations application, the building control officer is required to check the sewer maps supplied by Severn Trent and advise them of any proposals located over or within 3 meters of a public sewer. Under the provisions of Building Regulations 2000 Part H4, Severn Trent can direct the building control officer to refuse building regulations approval.

 

Note 6

The proposed development will involve works to be carried out on the public highway and the Applicant/Developer is required to enter into a legally binding Highway Works Agreement (including and appropriate bond) with the County Council before commencing those works.